Writ petitions challenged lock and seal notices issued for unauthorised building deviations. The court held the petitioner had not exhausted the alternate revision remedy under Section 80A of the Tamil Nadu Town and Country Planning Act before the Government and dismissed both petitions as attempts to prolong enforcement.
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.(MD)No.5186 of 2025 & 12385 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P.(MD)No.5186 of 2025 & 12385 of 2024 and W.M.P.(MD)No.3790 of 2025 &10967 of 2024
V.Palanisamy ... Petitioner in both writ petitions
Vs.
The Commissioner, Tenkasi Municipality, Tenkasi District. ...Respondent in both writ petitions
COMMON PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records in the notice issued by the respondent in Na.Ka.No. 3043/2023/F1 dated 28.01.2025 and in Notice No: 1/2024 dated 31.04.2024 and quash the same.
For Petitioner : Mr.P.Thirumahilmaran (In both cases) For Respondent : Mr.P.Athimoola Pandian (In both cases) Standing Counsel
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COMMON ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J. )
The petitioners in WP(MD)No.12385 of 2024 and WP(MD)No.5186 of 2025 are one and the same. WP(MD)No.12385 of 2024 has been instituted challenging the lock and seal notice issued by the competent authority under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971.
W.P.(MD)No.5186 of 2025 & 12385 of 2024
reference to documents and evidences are paramount importance, since the High Court cannot conduct a roving enquiry into the disputed facts.
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W.P.(MD)No.5186 of 2025 & 12385 of 2024
of the Tamil Nadu Town and Country Planning Act, 1971 may be preferred before the Government and the Government is empowered to adjudicate the facts on merits. That being so, both the writ petitions are not maintainable and filed with an idea to increase the longevity of the enforcement actions, which cannot be appreciated, but to be depreciated. There is no impediment for the respondents to continue the enforcement actions by following the procedures.
costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S., J.) & (A.D.M.C., J.)
11.06.2025
NCC : Yes / No Index : Yes / No Sm
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W.P.(MD)No.5186 of 2025 & 12385 of 2024
To:-
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W.P.(MD)No.5186 of 2025 & 12385 of 2024
S.M.SUBRAMANIAM, J. AND DR.A.D.MARIA CLETE, J.
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W.P.(MD)No.5186 of 2025 & 12385 of 2024
11.06.2025
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2 issues framed by the court
Whether the writ petition challenging a lock and seal notice is maintainable without exhausting the Section 80A revision remedy before the Government.
Whether a further writ petition filed during enforcement proceedings should be entertained.
3 provisions across 2 enactments
V.Palanisamy
The Commissioner, Tenkasi Municipality, Tenkasi District
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
