Dismissed¶32

M.Pandian, v. The Commissioner

Madras HC10 Nov 2025WP(MD)/31412/2025

Case brief

AI extract

What is this about?

Lock and seal notice; Section 56 Tamil Nadu Town and Country Planning Act 1971; minimum one month notice period; notice read down to 24.11.2025; Trichirappalli City Municipal Corporation; Assistant Commissioner Zone-1; cost Rs.5,000 High Court Legal Services Committee; W.P.(MD)No.31412 of 2025; W.M.P.(MD)No.24614 of 2025; W.P.(MD)No.29726 of 2025; Madurai Bench of Madras High Court; Article 226; certiorarified mandamus; undated notice; planning permission Trichy.

What did the court decide?

Writ petition dismissed except that the impugned notice dated 24.10.2025 is to be read as providing time till 24.11.2025 (notice otherwise sustained) and cost of Rs.5,000/- imposed on the second respondent payable to the High Court Legal Services Committee within one week; connected Miscellaneous Petition (W.M.P.(MD)No.24614 of 2025) closed. ¶32

M.Pandian, Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned lock-and-seal notice dated 24.10.2025, granting time only till 03.11.2025, satisfies the requirement of Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 that the notice grant a period of not less than one month to take steps specified therein. +1 more

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Court's answer

Since Section 56 of the Act provides for a minimum period of one month to be granted in the notice, the impugned notice dated 24.10.2025 shall be read so as to provide time till 24.11.2025; the notice is otherwise sustained.

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Ratio / Principle

The Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation (R2), who issued the impugned notice dated 24.10.2025 carelessly, shall pay a cost of Rs.5,000/- to the High Court Legal Services Committee attached to the Madurai Bench within one week.

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Detailed headnote1 paragraphs

Writ petition under Article 226 seeking certiorarified mandamus to quash a lock-and-seal notice dated 24.10.2025 issued by the Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation in proceedings F1/3119/2018(sri) under the Tamil Nadu Town and Country Planning Act, 1971, and to defer lock-and-seal proceedings till an Archaeological department no objection certificate was obtained. The notice followed an earlier disposal (W.P.(MD)No.29726 of 2025) directing issue of notice afresh, the original notice having been undated. HELD: Section 56 of the Act mandates a minimum period of one month in the notice; the impugned notice granting time only till 03.11.2025 fell short, so it was read as providing time till 24.11.2025 and otherwise sustained. Writ petition dismissed subject to this modification, with costs of Rs.5,000/- imposed on the second respondent for careless issuance, payable to the High Court Legal Services Committee within one week. Connected miscellaneous petition closed.

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W.P.(MD)No.31412 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.11.2025

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CORAM:

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THE HONOURABLE Dr.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.(MD)No.31412 of 2025 & W.M.P.(MD)No.24614 of 2025

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1.M.Pandian

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2.P.Hemalatha ... Petitioners

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/Vs./

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1.The Commissioner, Trichirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Trichy-1, Trichy District. 2.The Assistant Commissioner, Zone - I, Trichirappalli City Municipal Corporation, Bharathidasan Salai, Cantonment, Trichy-1, Trichy District. ... Respondents

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PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to 2nd respondent proceedings in F1/3119/2018(sri), 1/5

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

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W.P.(MD)No.31412 of 2025

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dated on 24.10.2025, quash the same and further direct the respondents to defer lock and seal proceedings till no objection certificate from Archeological department obtained by the petitioners.

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For Petitioners : Mr.Jahir Hussain for Mr.R.Sundar For Respondents : Mr.J.Saiprasad for M/s.R.B.Associates

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ORDER

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(Order of the Court was made by Dr.ANITA SUMANTH, J.)

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The petitioners had earlier instituted W.P.(MD)No.29726 of 2025 challenging the notice dated nil. A further direction was sought to grant planning permission to the petitioners' property at Trichy District, Trichy Registration District, Trichy Joint No.3, Sub-Registrar Office range, Municipal Town old 5th ward, Trichy Fort, Vanapattarai street on eastern side, old 4th block, old T.S.No.95.

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The main contention of the petitioners was that the lock and seal notice issued by the Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation under the Tamil Nadu Town and Country

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2/5

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

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W.P.(MD)No.31412 of 2025

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Planning Act, 1971 (Act), was not even dated. Hence, the writ petition was disposed directing the respondents to issue notice afresh.

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They obliged by issuing the notice impugned in this writ petition, which is dated 24.10.2025, however granting time only till 03.11.2025.

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The learned counsel for the petitioner draws attention to Section 56 of the Act and says that the notice must grant a period of not less than one (1) month to take steps as specified in the notice.

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We are disappointed with the manner in which the notice had been issued carelessly enabling the petitioners to approach this Court time and again merely to delay the statutory action. We are however left with no choice as Section 56 of the Act does provide for a minimum period of minimum one month to be provided to the petitioners in the notice.

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Hence, we merely state that the impugned notice dated 24.10.2025 shall be read so as to provide time till 24.11.2025. Notice is otherwise sustained.

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3/5

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

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W.P.(MD)No.31412 of 2025

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The Assistant Commissioner, Zone-1, Trichirappalli City Municipal Corporation (R2) who has issued this impugned notice dated 24.10.2025 shall pay a cost of Rs.5,000/- to the High Court Legal Services Committee attached to this Bench, within a period of one (1) week from today.

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