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2026 Supreme(Online)(Mad) 107712
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-09-2026
CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI AND THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 28373 of 2026 CNR:{HCMD011408592026} and W.M.P.[MD]Nos.21541 & 21545 of 2026
Balasubramanian C S/o.Chellaiah, No.27, Thottian Kinatru Street, Thennolaikara 2nd Lane, Southmasi Street, Madurai...Petitioner(s)Vs1. The Commissioner Madurai Corporation, Arignar Anna Maligai, Madurai.2. The City Planner, Madurai Corporation, Madurai...Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the impugned proceedings in Z4/D1/011482/26 dated 07.09.2026 by the 2nd respondent and quash the same as illegal and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s): Mrs.A.L.Gandhimathi, Senior Counsel for Mr.S.Bala Karthick
For Respondent(s): Mr.R.Murali, Standing Counsel for R1
(M.D.I.,J.) (N.D.K.,J.)
30-09-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MR To
1. The Commissioner Madurai Corporation, Arignar Anna Maligai, Madurai.
2. The City Planner, Madurai Corporation, Madurai.
M.DHANDAPANI, J. AND N.DILIP KUMAR, J. MR 30-09-2026
ORDER
(Order of the Court was made by M.Dhandapani J.)
The present Writ Petition has been filed challenging the impugned proceedings of the second respondent in No.Z4/D1/011482/26 dated 07.09.2026.
2.Learned Senior Counsel appearing for the petitioner would submit that the petitioner is the owner of the property in Door No.27, Thottian Kinatru Street, Thennolaikara 2nd Lane, Southmasi Street, Madurai and the second respondent passed the impugned order as if the petitioner obtained planning permission for 464 sq.ft., whereas he has constructed a building in 702 sq.ft. and that there is violation with regard to the planning permission. For removal of the same, the second respondent issued lock and seal notice. Challenging the same, the writ petition is filed.
3.However, learned Senior Counsel appearing for the petitioner would now submit that as against the impugned proceedings, there is an effective appeal remedy available under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. Hence, this Court may grant liberty to approach the appropriate authority within a reasonable time and also direct the respondents not to take any coercive steps till such time.
4.The learned Standing Counsel appearing for the respondents has no objection for the said submission made by the learned Counsel for the petitioner.
5.Considering the fact that the subject property is a residential plot and considering the fact that an appellate remedy is available under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, this Writ Petition is disposed of, giving liberty to the petitioner to approach the appropriate appellate authority under the Act, within a period of four [4] weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to take any coercive steps against the petitioner. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
