Appavoo v. the Director

Madras HC21 Apr 2026WP/2904/2026

Case brief

AI extract

What is this about?

Unauthorized construction; commercial building S.No.115/12 B; Periyamudaliyar Chavadi; Kottakuppam Municipality; Writ of Certiorarified Mandamus; Article 226; representation dated 15.09.2025; show-cause notice dated 12.02.2026; Sections 135(1) and 135(2) Tamil Nadu Urban Local Bodies Act, 1996; inspection notice dated 02.04.2026; inspection proposed 09.04.2026; direction to take action in accordance with law; opportunity of hearing; eight weeks timeline; no order as to costs; no precedents cited.

What did the court decide?

Direction to the official respondents to take action in accordance with law, after giving opportunity of hearing to all concerned, within a period of eight weeks from the date of receipt of a certified copy of the order; no order as to costs. ¶¶41

Appavoo Vs the Director — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 2 and 3 should be directed to take appropriate legal action against the fourth respondent for the alleged illegal/unauthorized construction of a commercial building comprised in S.No.115/12 B situated at Periyamudaliyar Chavadi, North Street, Kottakuppam, Vanur Taluk, Villupuram District, by considering the petitioner's representation dated 15.09.2025.

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Court's answer

Since action had already been contemplated (a show-cause notice dated 12.02.2026 having been issued and an inspection proposed for 09.04.2026 per the third respondent's status report), the Bench disposed of the writ petition with a direction to the official respondents to take action in accordance with law, after giving opportunity of hearing to all concerned, within a period of eight weeks from the date of receipt of a certified copy of the order.

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Ratio / Principle

The stated ground for disposing of the petition without further adjudication was that action against the fourth respondent had already been contemplated by the authorities, as recorded in the third respondent's status report.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (Sushrut Arvind Dharmadhikari, CJ and G. Arul Murugan, J.) — WP No.2904 of 2026, decided 21.04.2026. Appavoo v. The Director, Town and Country Planning and others. Writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus directing respondents 2 and 3 (the Additional Director, Town and Country Planning and the Commissioner, Kottakuppam Municipality) to take appropriate legal action against the fourth respondent for alleged illegal/unauthorized construction of a commercial building comprised in S.No.115/12 B at Periyamudaliyar Chavadi, North Street, Kottakuppam, Vanur Taluk, Villupuram District, by considering the petitioner's representation dated 15.09.2025. The third respondent's status report recorded a show-cause notice dated 12.02.2026 issued to the fourth respondent under Sections 135(1) and 135(2) of the Tamil Nadu Urban Local Bodies Act, 1996, non-response by the fourth respondent, and a notice dated 02.04.2026 proposing inspection of the property on 09.04.2026. Holding: since action had already been contemplated, the petition was disposed of with a direction to the official respondents to take action in accordance with law after giving opportunity of hearing to all concerned, within eight weeks from receipt of a certified copy of the order; no order as to costs.

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WP No.2904 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.04.2026

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CORAM

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THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI,

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CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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WP No.2904 of 2026

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Appavoo

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Plot No.21, 3^rd Cross Street Extension Thanthai Periyar Nagar Ellaipillaichavady Nellithope S.O. Pondicherry-605 005 : Petitioner

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1.The Director

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Town and Country Planning

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E & C Market Road, Koyambedu, Chennai

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2.The Additional Director

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Town and Country Planning

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No.56 A Government Hospital Road, Villupuram.

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3.The Commissioner

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Kottakuppam Municipality Kottakuppam, Villupuram.

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4.Puppytha Yadav

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No.23, Eighth Cross Street Brindhavanam, Puducherry Taluk Puducherry -605 013 : Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent Nos.2 and 3 to take appropriate legal action against the 4th Respondent for illegal/unauthorized construction of a commercial building comprised in S.No.115/12 B situated at Periyamudaliyar Chavadi, North Street, Kottakuppam, Vanur Taluk,

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Page 1 of 4

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

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WP No.2904 of 2026

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Villupuram District by considering his representation dated 15.09.2025.

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For Petitioner : Mr.K.Myilsamy

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For Respondents : Mr.A.Edwin Prabhakar, State Government Pleader for respondents 1 and 2

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Mr.Habeeb Rahman, Government Advocate, for respondent No.3

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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This writ petition has been filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus directing respondents 2 and 3 to take appropriate legal action against the fourth respondent for removal of illegal/unauthorized construction, by considering the petitioner's representation dated 15.09.2025.

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The third respondent has filed a status report, and the relevant portion is extracted hereunder:

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“3.It is respectfully submitted that based on the representation of the petitioner, a show-cause notice dated 12.02.2026 was issued to the 4^th respondent by the 3^rd respondent under Sections 135(1) and 135(2) of the Tamil Nadu Urban Local Bodies Act, 1996, in respect of the

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Page 2 of 4

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

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WP No.2904 of 2026

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subject construction. Upon receipt of the said notice, the 4^th respondent failed to submit any response.

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4.It is further submitted that in view of the nonresponse, the third respondent issued a notice dated 02.04.2026 proposing inspection of the subject property on 09.04.2026. It is submitted that upon such inspection, if any deviations or violations are found, appropriate action will be initiated against the fourth respondent in accordance with law.”

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Since action has already been contemplated, we dispose of this writ petition with a direction to the official respondents to take action in accordance with law, after giving opportunity of hearing to all concerned, within a period of eight weeks from the date of receipt of a certified copy of this order. There will be no order as to costs.

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(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 21.04.2026 Index : Yes/No Neutral Citation : Yes/No tar

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To 1.The Director Town and Country Planning E & C Market Road, Koyambedu, Chennai

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Page 3 of 4

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

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WP No.2904 of 2026

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THE HON'BLE CHIEF JUSTICE