Kanmal Gadia Vs The Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

Kanmal Gadia Vs The Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Main prayer refused (no mandamus to remove the lock and seal); petitioners left free to pray for expeditious disposal of the interim application/revision before the authority; W.M.P.No.752 of 2026 allowed; W.M.P.No.753 of 2026 closed; no order as to costs.

Issue for consideration

Whether a writ of mandamus can be granted directing the 3rd respondent to remove the lock and seal on the petitioners' premises during the pendency of the appeal/revision under Section 80A of the Tamil Nadu Town and Country Planning Act.

Court's answer

The prayer for a direction to remove the lock and seal during the pendency of the revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 is misconceived in law; whether the lock and seal is to be removed depends on the outcome of the pending revision before the authority, and therefore the mandamus sought cannot be granted.

Ratio / Principle

The writ petition is dismissed, with an observation that the petitioners may pray for expeditious disposal of the interim application/revision before the authority; there shall be no order as to costs.

Key takeaways

W.M.P.No.752 of 2026 (permission to file a single writ petition) stands allowed, inasmuch as the petitioners have paid separate court-fee; W.M.P.No.753 of 2026 is closed.ratio¶34

Detailed headnote1 paragraphs

Mandamus refused — interim de-sealing pending statutory revision. Petition under Article 226 seeking a writ of mandamus to the Executive Engineer No.9, Greater Chennai Corporation, to remove the lock and seal on premises at Old No.30, New No.85, Thiruvalluvar Salai, Teynampet, Chennai-600 018, during the pendency of the petitioners' appeal/revision dated 12.12.2025 under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, was held misconceived in law: whether the lock and seal is to be removed would depend upon the outcome of the pending revision before the authority, and mandamus as sought could not be granted. Writ petition dismissed with liberty to seek expeditious disposal of the interim application/revision; no order as to costs. W.M.P.No.752 of 2026 (single writ petition, separate court-fee paid) allowed; W.M.P.No.753 of 2026 closed. Bench: Manindra Mohan Shrivastava, CJ (author) and G. Arul Murugan, J.; order made by the Chief Justice; dated 20.01.2026.

W.P.No.625 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.625 of 2026 and W.M.P.Nos.752 and 753 of 2026

1.Kanmal Gadia

2.Ruvender Mull Gadia

Both residing at Old No.30, New No.85, Thiruvalluvar Salai, Teynampet, Chennai-600 018.

Petitioners

Vs

1.The Government of Tamil Nadu Rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003.

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W.P.No.625 of 2026

3.The Executive Engineer No.9, Greater Chennai Corporation, Chennai.

4.The Assistant Executive Engineer Zone-IX, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.

Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to remove the lock and seal put on the premises at Old No.30, New No.85, Thiruvalluvar Salai, Teynampet, Chennai-600 018 pending disposal of the Appeal dated 12.12.2025 filed by the petitioners under Section 80A of Tamil Nadu Town and Country Planning Act.

For Petitioners: Mr.M.Jaikumar

For Respondents: Mr. M.Habeeb Rahman Government Advocate for R1

Mr. D.B.R.Prabhu Standing Counsel for R2 to R4

ORDER

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

Heard learned counsel for the parties.

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W.P.No.625 of 2026

The prayer for issuance of direction to remove the lock and

seal during the pendency of the revision filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 is misconceived in law. Whether the lock and seal is to be removed or not would depend upon the outcome of the pending revision before the authority. Therefore, mandamus, as sought by the petitioners, cannot be granted.

The writ petition is dismissed, however, with an observation that the petitioners may pray for expeditious disposal of the interim application/revision before the authority. There shall be no order as to costs. W.M.P.No.752 of 2026 filed to permit the petitioners to file a single writ petition stands allowed, inasmuch as the petitioners have paid separate court-fee. W.M.P.No.753 of 2026 is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 20.01.2026 Index : Yes/No Neutral Citation : Yes/No bbr

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W.P.No.625 of 2026

To:

1.The Secretary, Government of Tamil Nadu

Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003.

3.The Executive Engineer No.9, Greater Chennai Corporation, Chennai.

4.The Assistant Executive Engineer Zone-IX, Greater Chennai Corporation, No.1, Lake Area, 4th Cross Street, Nungambakkam, Chennai-600 034.

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W.P.No.625 of 2026

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr

W.P.No.625 of 2026

20.01.2026

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