Disposed

D.Tamilarasan v. The Principal Secretary

Madras HC30 Jan 2025WP(MD)/2796/2025

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging an eviction notice under the Town and Country Planning Act by directing the petitioner to avail the statutory appeal remedy under Section 80-A. The court granted liberty to file the appeal within one week and restrained coercive action till then.

What did the court decide?

Liberty granted to file appeal within one week; stay on coercive action pending appeal.

D.Tamilarasan Vs The Principal Secretary — Landlord and Tenant | Madras HC (2025)

¶1

W.P.(MD)No.2796 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED:30.01.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.S.RAMESH

¶6

and

¶7

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

¶8

W.P.(MD)No.2796 of 2025

¶9

and

¶10

W.M.P.(MD)No.1954 of 2025

¶11

1.Dr.D.Tamilarasan

¶12

2.Dr.D.Anbarasan : Petitioner

¶13

Vs.

¶14

1.The Principal Secretary,

¶15

Town and Country Planning Department,

¶16

Tamil Nadu Government,

¶17

O/o. Director of Town and Country Planning,

¶18

Secretariat, Chennai – 600 009.

¶19

2.The Commissioner,

¶20

Tenkasi Municipality, Tenkasi District. : Respondents

¶21

PRAYER: Writ Petition filed under Article 226 of the Constitution of

¶22

India, praying for a Writ of Certiorari, to call for the impugned notice

¶23

https://www.mhc.tn.gov.in/judis

¶24

1/6

¶25

W.P.(MD)No.2796 of 2025

¶26

issued under Reference notice No.1/2024 dated 30.12.2024 issued by the second respondent under sub section 2-A of Section 56 of Town and Country Planning Act, 1971 to the petitioner in respect of the built up Hospital building situated at 294A, Keela Mutharamman Kovil Street in Survey Ward – D, Block – 14, T.S.Nos.25/1, 2, 3 and 28/1, 2, 3 Tenkasi Municipality, Tenkasi Taluk, Tenkasi District and set aside the same as illegal, arbitrary, erroneous forthwith.

¶27

For Petitioner : Mr.R.Mathava Selvam For Respondent No.1 : Mr.S.R.A.Ramachandran Additional Government Pleader For Respondent No.2 : Mr.P.Athimoolapandian, Standing Counsel

¶28

O R D E R

¶29

¶30

[ Order of the Court was made by M.S.RAMESH, J.]

¶31

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

¶32

2. Challenging the impugned notice of the 2^nd respondent dated

¶33

30.12.2024, the petitioner is before this Court.

¶34

https://www.mhc.tn.gov.in/judis

¶35

2/6

¶36

W.P.(MD)No.2796 of 2025

¶37

3. On 30.12.2024, the petitioner received a communication from the second respondent under Section 56(1) of “the Tamil Nadu Town and Country Planning Act, 1971” [hereinafter “the Act”], for removal of the unauthorized construction in the subject property.

¶38

4. As against an order of eviction passed under Section 56(1) of the Act, an appeal remedy is provided for under Section 80-A of the Act to the Government.

¶39

5. When the Act provides for an effective appeal remedy before the Government against order under Section 56(1) of the Act, it would not be appropriate to entertain the present writ petition, which challenges the Section 56(1) notice. Hence, we are of the view that an opportunity can be given to the petitioner to avail the statutory remedy and protect his possession till such time.

¶40

6. In the light of the above observation, the petitioner is granted liberty to file an appeal before the first respondent under Section 80-A of the Act, within a period of one [1] week from the date of receipt of a copy of this order. Till such time, the respondents shall not take any

¶41

https://www.mhc.tn.gov.in/judis

¶42

3/6

¶43

W.P.(MD)No.2796 of 2025

¶44

coercive action to disturb the petitioner's possession over the subject

¶45

land.

¶46

7. Accordingly, the Writ Petition stands disposed of. There shall

¶47

be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.

¶48

[M.S.R.,J.] & [A.D.M.C.,J.]

¶49

30.01.2025

¶50

Neutral Citation : Yes/No Index : Yes/No Internet : Yes/No MR

¶51

https://www.mhc.tn.gov.in/judis

¶52

4/6

¶53

W.P.(MD)No.2796 of 2025

¶54

¶55

1.The Principal Secretary, Town and Country Planning Department, Tamil Nadu Government, O/o. Director of Town and Country Planning, Secretariat,

¶56

Chennai – 600 009.

¶57

2.The Commissioner, Tenkasi Municipality,

¶58

Tenkasi District.

¶59

https://www.mhc.tn.gov.in/judis

¶60

5/6

¶61

W.P.(MD)No.2796 of 2025

¶62

M.S.RAMESH, J.

¶63

and

¶64

A.D.MARIA CLETE, J.

¶65

¶66

ORDER MADE IN W.P.(MD)No.2796 of 2025

¶67

30.01.2025

¶68

https://www.mhc.tn.gov.in/judis

¶69

6/6

D.Tamilarasan v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

D.Tamilarasan v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Sekar Vs The District Collector

Balu.K Vs The District Collector

S.P.Nagarajan Vs The District Collector

Vignesh Vs The District Collector

Palanivelu Vs The Tahsildar

Baratha Muthu Vs The District Collector / Monitoring Committee