A.D.Murugan Vs Executive Engineer zone VIII

H.M. Foundations Private Limited, rep. by its Authorized Signatory Mr.Hemant Raj, Having office at No. 32, Audiappa Naicken Street, Sowcarpet, Chennai – 600 001. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India

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praying for issue of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 06.05.2026 passed in Notice No.III/NO8/N102/000019/2026, quash the same and consequently direct the respondents to conduct a fair proceedings by giving opportunities to all parties concerned .

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For Petitioner :: Mr.R.C.Paul Kanagaraj For Respondents :: Ms.K. Aswini Devi Standing Counsel for R1 to R3

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O R D E R

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( Made by Dr. G. JAYACHANDRAN,J.)

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The tenant of the premises bearing Door No. 682, Poonamallee High Road, Aminjikarai, Chennai – 29 has filed the writ petition being aggrieved by the notice issued by the Executive Engineer, Zone – VIII, Greater Chennai Corporation, directing the owner/occupier to discontinue

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

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W.P. No. 22218 of 2026

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the use of the land or building within 30 days from the date of receipt of the

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notice, since the building has been constructed unauthorisedly. The said notice is dated 06.05.2026. The period of 30 days granted by the said notice issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 expired a week ago.

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Learned counsel for the petitioner submitted that the petitioner is a tenant occupying the premises, which is the subject matter of demolition process for unauthorised construction. Due to dispute between landlords, the present action has been initiated by a rival claimant to evict the petitioner forcibly.

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Learned Standing Counsel, for Corporation of Chennai submitted that being an unauthorised construction, initially, notice was issued on 17.02.2026 for production of documents mentioned thereunder. Neither the owner nor the occupier provided the documents sought. Hence, on 02.03.2026, inspection notice was issued and subsequently, inspection was carried out on 12.03.2026 and the unauthorised development of the building was noticed. Hence, consequential action for discontinuing the occupation taken and further, demolition of the unauthorised construction

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

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W.P. No. 22218 of 2026

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has been initiated by the Corporation vide notice dated 06.05.2026, which is impugned in the present writ petition.

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Considering the rival submissions and the fact that the petitioner herein is carrying on business in vegetables and other perishable goods, though we are not inclined to interfere with the impugned notice issued by the Corporation, the act of sealing the premises is deferred to 20.06.2026. Before that, the petitioner shall remove the perishables from the premises and allow the authorities to seal the premises. This order is subject to the right of the petitioner to occupy the premises once it is de-sealed.

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