Writ petition challenged a lock-and-seal notice issued by the municipality under the Tamil Nadu Town and Country Planning Act for want of a show cause notice. The Court found a natural justice violation, set aside the impugned order, directed immediate de-sealing, and allowed liberty to proceed afresh per due procedure.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.11151 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
W.P.No.11151 of 2024
and
W.M.P.Nos.12220 & 12222 of 2024
B.Venkatesa Perumal
... Petitioner
Vs.
3.The District Collector, NH-179A, Tirupathur District Collector Office, Tirupathur – 635 601.
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W.P.No.11151 of 2024
11.V.Anandha Raj
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14.Ravi
15.Kanagaraj 16.Ragupathy 17.Anbu 18.Sita 19.Dhanalaxmi 20.Radhi Devi 21.Amirtha Raj 22.Arul Raj 23.Sharmila
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records in the proceedings in the issue of Notice No. Na / Ka/ No. 542/ 2021/F1 dated 1312-2023, issued vide Sections 56 and 57 under Tamil Nadu Town and Country Planning Act, 1971 resulting in the coercive action of Lock and Seal of the petitioner's house on 28-12-2023, situated in the land / site under Survey No. 23/7E Pudur East Street, MettuChakkara Kuppam Village, Reddiyur Post, Jolarpettai- HPO and PS, Tirupattur Tashil, Thirupattur District - 635851, being arbitrary, biased, malafide and in violation of Article 21 of the Constitution, quash the same, resultantly direct the 1st respondent
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W.P.No.11151 of 2024
to accept and approve the Building Plan submitted by the Petitioner by Speed Post delivered to the 1st respondent on 28-03-2024, in accordance with law.
O R D E R
(Order of the Court was made by S.S. SUNDAR, J. )
The petitioner has filed the above writ petition challenging the notice issued by the 1st respondent, dated 13.12.2023, under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971.
2.Even though the petitioner has raised several grounds, the main ground raised by the petitioner is that the impugned order is in violation of principles of natural justice inasmuch as no show cause notice was issued to the petitioner.
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W.P.No.11151 of 2024
3.The impugned order does not reveal issuance of any show cause
notice, even though a direction is given to the petitioner to remove the petitioner's belongings to enable the official respondents to lock and seal the premises. Therefore, on the ground of violation of principles of natural justice, the impugned order is set aside. However, liberty is given to the official respondents to take appropriate action in the manner known to law, after following due procedure. In view of the fact that the impugned order is set aside, the official respondents are directed to de-seal the premises immediately.
4.Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
(S.S.S.R., J.) (N.S., J.) 26.04.2024
mkn Internet : Yes Index : Yes / No Neutral Citation : Yes / No
To
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W.P.No.11151 of 2024
Thirupattur, Thirupattur District.
9.The Village Administrative Officer, Sakkarakuppam, Jolarpet, Thirupathur District.
S.S. SUNDAR, J. and
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W.P.No.11151 of 2024
N. SENTHILKUMAR, J.
mkn
W.P.No.11151 of 2024
26.04.2024
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1 issue framed by the court
Whether the lock-and-seal notice issued without a prior show cause notice violated principles of natural justice.
2 provisions across 2 enactments
B. Venkatesa Perumal
The Commissioner, Jolarpettai Municipality
The Commissioner Municipal Administration
The District Collector, Tirupathur
Inspector General of Registration
The Sub-Registrar, Jolarpettai
S.S. Sundar
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
