A.M.Xavier vs The State of Tamil Nadu

2026:MHC:4419
WP No. 25284 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 25284 of 2026
CNR: {HCMA011451092026}
A.M.Xavier
..Petitioner(s)
Vs
1. The State of Tamil Nadu
Rep. by its Principal Secretary to
Government,
Municipal Administration and Water Supply
Department,
Secretariat, Chennai-600 009
2. The Commissioner
Udhagamandalam Municipality,
Udhagamandalam-643 001
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing
writ of certiorarified mandamus to call for the records relating to Notice
nd
vide Na.Ka. No.5625/ 2025/ F1 dated 13.05.2026 issued by the 2
nd
respondent and quash the same and consequently direct the 2
respondent to remove the lock and seal of the premises and permit the
petitioner to continue the rectification of the deviations within the time
stipulated by this Court.
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2026:MHC:4419
WP No. 25284 of 2026
For Petitioner(s): Mr.D.G.Hariprasath
For Respondent(s): Mr.S.Rishab Narayan
Government Advocate For R-1
Mr.P.Srinivas For R-2
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted to challenge the lock
nd
and seal notice dated 13.05.2026 issued by the 2 respondent.
2. Since petitioner has preferred an appeal challenging the lock
and seal notice, the present writ petition is not entertainable. Even in
case where lock and seal notice has been issued under the Tamil Nadu
Town and Country Planning Act, an appeal would lie under Section 80-A
of the Act. Petition filed without exhausting the statutory remedy is not
entertainable. In the present case, appeal filed by the petitioner is
pending.
3. However, learned counsel for the petitioner would submit that
petitioner is ready and willing to rectify the deviations within a period of
four months.
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2026:MHC:4419
WP No. 25284 of 2026
4. Since petitioner is ready and willing to rectify the deviations, this
Court is inclined to grant time to the petitioner to carry out deviation
works. In view of the submission, petitioner is directed to rectify the
deviation and demolish the unauthorized construction and restore the
building as per the building plan permission granted by the competent
authorities within a period of three months from the date of receipt of a
copy of this order. In the event of failure on the part of petitioner,
respondent shall initiate enforcement action and demolish any
unauthorized construction / deviation, and recover the cost from the
petitioner under the provisions of the Act.
5. With these directions, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions, if any, are
closed.
(S.M.S.,J.) (R.R.V.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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2026:MHC:4419
WP No. 25284 of 2026
To
1. The State of Tamil Nadu
Rep. by its Principal Secretary to
Government,
Municipal Administration and Water Supply
Department,
Secretariat, Chennai-600 009
2. The Commissoner
Udhagamandalam Municipality,
Udhagamandalam-643 001
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2026:MHC:4419
WP No. 25284 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 25284 of 2026
28-10-2026
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