S.MALATHI vs THE COMMISSIONER AND MEMBER SECRETARY
- Court
- Madras High Court
WP Nos. 30262 of 2025 etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 30262 of 2025
CNR:{HCMA011646422025}
AND
W.P Nos.19896, 19900 of 2024, W.P.No.30267 of 2025, W.P.No.34583 of
2023, W.P.Nos.3368, 19899, 19902, 19939, 19946, 19949, 19950, 19953,
19951, 19954, 19957, 19955, 19956, 19983, 19993, 19987, 19989, 19991,
19992, 20114, 20123, 20135, 20140, 20144, 20119, 20132, 20136, 20149,
20156, 20159, 20128, 20131, 20134, 20164, 20165, 20177, 20182, 20187,
20235, 20237, 20245, 20258, 20996 of 2024, W.P.Nos.19886, 21901, 22224,
22976, 23140, 22984, 22989, 23133, 23137, 23098, 23102, 23104, 23107,
23108, 23112, 23115, 23121, 23123, 23126, 23127, 23129, 23130, 23131,
23132, 23134, 23135, 23136, 23138, 23141, 23142, 23144, 23253, 23814,
23816, 24011 and 24796 of 2025
AND
WMP Nos.33953, 33954, 40180 of 2025, W.M.P.Nos.21773, 21777 of
2024,WMP No. 33949 of 2025,WMP No.34506 of 2023,W.M.P.Nos.3631,
21776, 21779, 21818, 21836, 21840, 21842, 21848, 23010, 21828, 21829,
21830, 21831, 21834, 21850, 21851, 21852, 21833, 21835, 21844, 21845,
21846, 21847, 21853, 21885, 21872, 21873, 21887, 21889, 21875, 21876,
21877, 21878, 21879, 21880, 21882, 21883, 21884, 22051, 22052, 22010,
22013, 22023, 22024, 22049, 22050, 22040, 22041, 22035, 22057, 22036,
22044, 22056, 22064, 22065, 22042, 22014, 22018, 22067, 22068, 22033,
22034, 22038, 22094, 22095, 22086, 22087, 22096, 22076, 22077, 22078,
22079, 22080, 22097, 22146, 22148, 22149, 22151, 22152, 22153, 22160,
22161, 22168, 22951, 22952 of 2024, W.M.P.Nos.22436, 22437, 23274,
24670, 24672, 25980, 25004, 25008, 25811, 25812, 25816, 25818, 25822,
25997, 26002, 26006, 25956, 25964, 25952, 25953, 25955, 25957, 25962,
25965, 25967, 25968, 25975, 25976, 25981, 25982, 25983, 25988, 25989,
25990, 26207, 25994, 25992, 25995, 25993, 25998, 25999, 26000, 26001,
26003, 26005, 26008, 26009, 26010, 26015, 26116, 26117, 26803, 26804,
26809, 26813, 27004, 27951 and 27952 of 2025
__________
Page1 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
W.P.No.30262 of 2025
S.Malathi
W/o.Subbaiyan, Amman Agencies, No.146, New
Scheme Road (z.A), Pollachi Town, Coimbatore
District- 642 002.
..Petitioner
Vs
1. The Commissioner And Member Secretary
Pollachi Municipality, Pollachi, Coimbatore
District- 642 001.
2. The Principal Secretary
Government Of Tamil Nadu, Rep. By Its
Secretary To Government, Housing And
Urban Development Department, Fort St.
George, Chennai-09.
3. The Revenue Officer
Pollachi Municipality, Pollachi, Coimbatore
District- 642 001.
4. J.Krishnakumar
S/o.Jaganathan, No.124, Nehru Colony,
Mahalingapuram, Pollachi - 642 002.
..Respondents
Prayer in W.P.No.30262 of 2025 : Writ Petition under Article 226 of the
Constitution of India forbearing the 1st respondent from taking any coercive
steps pursuant to the notice dated 15.05.2025 bearing Ref. No. 2043/ 2025
/F1 and Impugned Notice without issuing a fresh Show Cause Notice in light
of the order dated 10.01.2024.
__________
Page2 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
Case number For Petitioners For Respondents
W.P.Nos.30262 & 30267
of 2025
Ms.Monica Chopda Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R1
Mr.K.Surender, Special
Government Pleader for RR 2
and 3
W.P.Nos.19896 & 19900
of 2024
Ms.R.Sripriya Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.No.34583 of 2023 Mr.R.Srinivas
Senior Counsel for
Mr.K.V.Muthu Visakan
Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.No.3368 of 2024 Mr.J.Suresh Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.No.19899 and 19902
of 2024
Mr.C.Prakasam Mr.K.Surender, Special
Government Pleader for RR 1
to 4
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R5
W.P.No.19939 of 2024 Mr.N.Ponraj Mr.K.Surender, Special
Government Pleader for R1
__________
Page3 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R2
W.P.Nos.19946, 19949,
19950, 19953, 19951, 19954,
19957, 19955, 19956, 19983,
19993, 19987, 19989, 19991,
19992, 20114, 20123, 20135,
20140, 20144, 20119, 20132,
20136, 20149, 20156, 20159,
20164, 20165, 20177, 20182,
20187, 20235, 20237 and
20245 of 2024 and
W.P.No.22224, 23814,
23816 , 24796 of 2025
Mr.R.Srinivas, Senior
Counsel for
Mr.K.V.Muthu Visakan
Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.Nos.20128, 20131,
20134 of 2024
Mr.J.Suresh Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.No.20258 of 2024 Mr.R.Mohan Mr.K.Surender, Special
Government Pleader for RR 1
and 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R2
W.P.No.20996 of 2024 Mr.S.Ananth Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
__________
Page4 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
W.P.No.19886 of 2025 Mr.K.Babu Mr.K.Surender, Special
Government Pleader for R1 &
R2
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R3
W.P.Nos. 21901, 22976,
23140, 22984, 22989, 23133,
23137, 23098, 23102, 23104,
23107, 23108. 23112, 23115,
23121, 23123, 23126, 23127,
23129, 23130, 23131, 23132,
23134, 23135, 23136, 23138,
23141, 23142, 23144, 23253
of 2025
Mr.S.Mukunth, Senior
Counsel for
Mr.B.Gopalakrishnan
Mr.K.Surender, Special
Government Pleader for RR 1
to 3
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R4
W.P.No.24011 of 2025 Mr.R.Gopinath Mr.K.Surender, Special
Government Pleader for RR
1,3 and 4
Mr.P.V.Balasubramaniam,
Additional Advocate General
assisted by Mr.B.Anand for
R5
COMMON ORDER
(Order of the Court was made by S.M.Subramaniam J.)
This batch of writ petitions have been instituted in respect of
unauthorised constructions / deviations made in violation of building plan rules
as provided under the provisions of the Statutes and Rules in force.
__________
Page5 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
2. Some writ petitions have been instituted challenging the show cause
notices issued under Section 56(5) of the Tamil Nadu Town and Country
Planning Act, 1971 (Tamil Nadu Act 35 of 1972) (hereinafter referred to as ‘the
Act’). The writ petitions have been instituted during the pendency of statutory
appeal filed by the petitioners under Section 80A of the Act. Yet another
batch of writ petitions have been instituted challenging the final orders passed
by the Government under Section 80A of the Act. Some writ petitions have
been instituted challenging the lock and seal notice or enforcement action
initiated by the authorities, as the case may be.
3. At the outset, writ petitions have been instituted challenging the show
cause notice, lock and seal notice and final orders passed under Section 80A
of the Act. However, the common issue is all about initiation of enforcement
action by the competent authority in respect of unauthorised constructions /
deviations made in violation of the building plan approval granted by the
competent authorities.
4. Since the issues are common and relating to enforcement action, it
would be suffice if opportunity is granted to the parties to defend their case in
the manner contemplated under the relevant statutes and rules in force. The
High Court in exercise of the powers of judicial review cannot adjudicate the
__________
Page6 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
disputed facts relating to unauthorised constructions / violations as well as the
deviations in respect of the building plan in the context of the building plan
approval granted by the competent authorities. All such adjudications are to
be made by the original authority at the first instance and by the appellate
authority under Section 80A of the Act. Both the original as well as appellate
authority are empowered to conduct detailed enquiry by affording opportunity
to the parties and pass appropriate orders on merits and in accordance with
law. Factual finding by those authorities would be of greater assistance to the
High Court for exercise of powers of judicial review in an effective manner.
Thus, high court is not expected to adjudicate disputed facts of this nature.
Enforcement actions initiated viz., show cause notice or the order of lock and
seal passed under Section 56 and 57 of the Act, per se would not provide a
cause of action for maintaining a writ petition, except on the ground of the
jurisdiction or if such orders are tainted with allegation of malafides. Even in
case of raising the allegation of malafides, the authority against whom such
allegation is raised must be impleaded as party respondent in his personal
capacity.
5. Learned Senior Counsel Mr.Srinivas as well as Senior Counsel
Mr.S.Mukunth and the learned counsel appearing for the parties would submit
that, survey has not been conducted properly. In some cases, enforcement
__________
Page7 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
actions are initiated without affording opportunity to the parties. Appeals filed
under Section 80A has not been dealt with in accordance with the procedures
as contemplated and the rules of natural justice has not been followed. Thus,
the writ petitions are filed.
6. Learned Additional Advocate General would oppose by stating that,
enforcement actions are initiated by following the procedures and after
conducting survey with reference to the building plan approval granted to the
owners, notices were issued in respect of the violations / deviations etc., Thus,
the writ petitioners ought to have defended their case instead of instituting writ
petitions. The appeals filed under Section 80A of the Act would be considered
by affording opportunity to the parties. Thus, the contentions are bereft of
merits and the writ petitions are to be rejected.
7. Learned Additional Advocate General would further submit that the
formation of expert committee made in pursuance to the interim orders of this
Court in the present batch of writ petitions was considered and the
Government issued G.O.Ms.No.66, Housing and Urban Development
Department [UD4(1)] dated 25.04.2025 and the committee is in the process of
surveying the disputed buildings.
__________
Page8 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
8. This court has considered the rival contentions made by the parties to
the lis.
9. Regarding the expert committee, this Court is of the considered view
that it has been constituted by virtue of the interim order in the writ petitions.
However, enforcement action in respect of unauthorised buildings are to be
initiated strictly in accordance with the provisions under the Town and Country
Planning Act and the Rules in force. The committee is to be considered as an
assisting body, but cannot be construed as a competent authority in order to
deal with unauthorised constructions and deviations noticed by the competent
authorities. Therefore, the competent authorities are empowered to continue
the enforcement actions by scrupulously following the procedures as
contemplated under the relevant statutes and rules in force. The Committee’s
opinion may be of assistance to the competent authorities to initiate
enforcement actions.
10. In the context of the issues, Section 56 of the Town and Country
Planning Act provides power to require removal of unauthorised development.
Section 57 provides power to stop unauthorised development and Section
80A provides special powers of the Government. Subsection (1) to Section
80A stipulates that,
__________
Page9 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
“Notwithstanding anything contained in section 80, the
Government may, on application, call for and examine the
records of the appropriate planning authority in respect of
sealing of the premises under sub-section (2-A) of section 56
or under section (4) of section 57 and if, in any case, it
appears to the Government that any such action or decision
should be modified, annulled, reversed or remitted for
reconsideration, they may pass orders under (2) and (3) of
Section 80A of the Act.”
11. The scheme under the Act contemplates that on identification of
unauthorised construction / deviation of building plan approval, the competent
authority has to conduct a survey, identify the unauthorised construction /
deviations and thereafter issue notice to the owner / occupier of the building
for initiation of further actions under the provisions of the Act. The procedures
as contemplated for affording opportunity to the owners / occupiers of the
building are to be scrupulously followed in order to comply with the rules of
natural justice. Once the authorities form an opinion that the building is
unauthorisedly constructed, then lock and seal notice is to be issued under
Sections 56 and 57 of the Act. On receipt of such notice, the aggrieved
person may prefer an appeal under Section 80A of the Act. Therefore,
issuance of lock and seal notice per se would not constitute a cause for
initiating writ proceedings since the writ court cannot adjudicate disputed facts
__________
Page10 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
regarding unauthorised construction / deviation which is to be undertaken by
scrutinising the building plan approval and considering the documents and
evidences placed before the authorities by the parties concerned.
12. In the event of adjudication of such disputed facts, the same may
result in miscarriage of justice. Therefore, exhausting statutory remedy
available under Section 80A of the Town and Country Planning Act is of
paramount importance. The parties will get an opportunity to defend their case
by placing the facts as well as the documents and the appeal will be decided
after hearing the parties. This being the scheme under the Act, it is
unnecessary for the High Court to monitor the survey to be conducted either
by the competent authority under the Act or by the committee constituted by
virtue of the interim order. Dehors the Committee’s assistance, the authorities
are well within their powers under the Act to conduct survey and initiate
enforcement action in the manner contemplated under the Act.
13. This Court has gone through the findings made in the final order
passed by the Government under Section 80A of the Town and Country
Planning Act. Each of the case has been independently adjudicated by the
appellate authority by affording opportunity to the parties and findings are
given. A reading of the findings would show that the Government considered
__________
Page11 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
the report of the field level authority as well as the enforcement actions
initiated by the authority under the Act. That apart, the deviations /
unauthorised constructions are proved both before the original authority and
the appellate authority beyond any pale of doubt. Even before this Court,
there is no serious objection between the parties regarding the violations /
deviations identified. Per contra, the petitioners plead that some more time
may be granted to rectify the deviations so as to restore the building in
consonance with the building plan permission granted under the Act.
14. In view of the above discussion, this Court is inclined to pass the
following orders:
a) In respect of the writ petitions filed challenging the show
cause notices, lock and seal notices issued under Sections 56
and 57 of the Town and Country Planning Act, the writ
petitioners are at liberty to submit their explanation to the
competent authority in response to the show cause notices.
Prefer an appeal under Section 80A of the Act in respect of
the lock and seal notice issued under Section 56 and 57 of
the Act. It is clarified that no appeal would lie under Section
80A of the Act against the show cause notice since the
provision specifically contemplates that an appeal is
maintainable if any order has to be passed under subsection
2-A of Section 56 or subsection (4) of Section 57 of the Act.
__________
Page12 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
b) In respect of writ petitions filed during the pendency of appeal
under Section 80A of the Act, the writ petitioners are at liberty
to place all their factual and legal grounds before the
Government for adjudication of the issues on merits. The
appellate authority under Section 80A shall afford opportunity
to the parties, adjudicate the issues and pass final orders as
expeditiously as possible. Section 80A (3) empowers the
Government to pass interim order wherever necessary.
In respect of writ petitions filed challenging the final order
c)
passed under Section 80A of the Act, the competent
authorities are empowered to continue the enforcement
actions by following all further procedures as contemplated
under the Act and Rules.
d) Time limit granted by the Government to rectify the deviations
/ violations is extended by four months from today. In the
event of failure on the part of the petitioners, the competent
authorities are directed to complete the enforcement actions
by demolishing the unauthorised constructions / deviations
and thereafter recover the costs from the owner / occupier, as
the case may be, by following the procedures as
contemplated under the relevant Statutes and Rules.
__________
Page13 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
15. With the above directions, all the above writ petitions are disposed
of. No costs. Consequently, connected miscellaneous petitions are closed.
(S.M.S.,J.) (R.R.V.,J.)
26-10-2026
Index: Yes 1/2
Speaking order
Neutral Citation: Yes/No
Note : Registry is directed to type cause-title
for all the writ petitions.
KST
To
1. The Commissioner And Member Secretary
Pollachi Municipality, Pollachi, Coimbatore
District- 642 001.
2. The Principal Secretary to Government
Housing And Urban Development
Department, Fort St. George, Chennai-09.
3. The Revenue Officer
Pollachi Municipality, Pollachi, Coimbatore
District- 642 001.
__________
Page14 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )
WP Nos. 30262 of 2025 etc., batch
S.M.SUBRAMANIAM J.
AND
R.RAJESH VIVEKANANTHAN J.
KST
WP No. 30262 of 2025
etc.. batch
26-10-2026
__________
Page15 of 15
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/11/2026 01:34:13 pm )