Disposed¶35

Omar Iqbal v. The Secretary

Madras HC3 Apr 2025WP(MD)/3223/2025

Case brief

AI extract

What is this about?

Tiruchirappalli Municipal Corporation regularisation; unapproved layout/planning regularisation application DTCP/Reg-113C/220/2018 dated 27.12.2018; representation dated 27.01.2025; writ of mandamus under Article 226; no coercive steps; locking and sealing and demolition notice; matter pending before Hon'ble Supreme Court; await Apex Court orders; liberty to agitate afresh; contentions kept open; K.Perumal v. State of Tamil Nadu W.P.No.9725 of 2017 order dated 27.07.2023 First Bench; disposed of with no costs; Madurai Bench Madras High Court; J. Nisha Banu J.; S. Srimathy J.; 03.04.2025.

What did the court decide?

Writ Petition disposed of by making applicable the order in W.P.No.9725 of 2017 (K.Perumal), i.e., petitioner to abide the outcome of the pending Supreme Court proceedings with liberty to agitate afresh thereafter; no costs.

Omar Iqbal Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.3223 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.04.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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AND

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P.(MD)No.3223 of 2025

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Omar Iqbal ... Petitioner

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The Secretary, Urban and Housing Department, Secretariat, Chennai.

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The Commissioner, Tiruchirappalli Municipal Corporation, Tiruchirappalli.

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The Assistant Commissioner, Zone 1, Tiruchirappalli Municipal Corporation, Tiruchirappalli. ... Respondents

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PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the 2^nd respondent to consider petitioner's representation dated 27.01.2025 and not to take any coercive steps till the disposal of the application in DTCP/

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Page 1 of 5

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

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W.P.(MD) No.3223 of 2025

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Reg-113C/ 220/2018 dated 27.12.2018 on the file of the 1^st respondent.

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For Petitioner : Mr.A.V.Saha For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 & R3 : Mr.R.Kishore Ram for M/s.R.B.Law Associates

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ORDER

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[Order of the Court was made by J.NISHA BANU, J. ]

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This Writ Petition has been filed for a direction to the 2 nd respondent to consider the petitioner's representation dated 27.01.2025 and not to take any coercive steps till the disposal of the application in DTCP/Reg-113C/ 220/2018 dated 27.12.2018 on the file of the 1 st respondent.

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2.The learned counsel appearing for the respondents 2 and 3 would submit that the matter regarding regularisation is seized of by the Hon'ble Supreme Court and the only remedy available to the petitioner is to await for the orders of the Hon'ble Supreme Court.

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Page 2 of 5

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

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W.P.(MD) No.3223 of 2025

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3.Relying on the judgment of this court dated 27.07.2023 in W.P.No.9725 of 2017, he would pray that a similar order may be passed in this Writ Petition also.

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4.The Hon'ble First Bench of this Court in W.P.No.9725 of 2017 by order dated 27.07.2023 [K.Perumal Vs. The State of Tamil Nadu, Rep.by the Secretary to Government and others] , while dealing with the

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Writ Petitions, seeking directions to enforce the locking and sealing and demolition notice, held as under:-

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“3.We have disposed of other writ petitions, with an observation that, “if subsequently after the orders are passed by the Apex Court and the petitioners have any remedy open, they are entitled to agitate the same afresh. In that event, all contentions are kept open”. We have observed that the parties may take steps pursuant to the judgment of the Apex Court.

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4.In case, after the judgment of the Apex Court, if it is found that the fifth respondent is not entitled for regularisation, then the petitioner may agitate afresh.”

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Page 3 of 5

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

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W.P.(MD) No.3223 of 2025

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5.Therefore, the same order is applicable to the petitioner also. Accordingly, this Writ Petition is disposed of. No costs.

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[J.N.B., J.] & [S.S.Y., J.] 03.04.2025 NCC : Yes / No Index : Yes / No

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