J.PRABHU vs The secretary / Additional secretary
- Court
- Madras High Court
WP.No.44560 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.44560 of 2026
CNR:{HCMA012603222026}
and
WMP.No.50033 of 2026
J.Prabhu
..Petitioner
Vs
1. The Secretary / Additional secretary
(Technical),
Housing and urban Development Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2. The Executive Engineer,
Zonal office VIII,
Corporation of Chennai,
No.36 B, Pulla Avenue,
Shenoy Nagar, Chennai - 600 030.
3. The Assistant Executive Engineer,
Zonal office VIII,
Corporation of Chennai,
Shenoy Nagar, Chennai - 600 030.
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WP.No.44560 of 2026
4. The Assistant Engineer,
Division 98, Zone VII,
Corporation of Chennai,
No.6A, Aspiran Garden, 1st street,
Kilpauk, Chennai - 600 010.
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
st
for issuance of writ of Mandamus directing the 1 respondent to take up
the statutory Application / revision petition dated 29.09.2026 filed by the
petitioner under section 80-A of the Tamil Nadu Town and Country
Planning Act, 1971 along with the stay petition and the subsequent
representation dated 13.10.2026, hear the petitioner and pass ..
For Petitioner: Mr.L.Chandrakumar
For Mr.D.Senthilkumar
For Respondents: Mr.B.Sivakollppan
Additional Government Pleader For R1
Ms.R.V.Gayatri
Standing Counsel for R2 to R4
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
Writ of Mandamus has been instituted to direct the respondents to
dispose of the statutory appeal filed under Section 80-A of the Tamil
Nadu Town and Country Planning Act along with the stay petition.
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WP.No.44560 of 2026
2.The apprehension raised by the petitioner is that during the
pendency of the appeal, the authorities may initiate enforcement action.
3.The learned Additional Government Pleader would submit that
the enquiry date is fixed on 24.11.2026 to hear the appeal by the
Government. Even in case of any such apprehension or emergent
situation, Sub-section (3) to Section 80-A of the Tamil Nadu Town and
Country Planning Act stipulates as under:
“The Government may pass such interim order, as they
may deem fit, pending the exercise of the powers under
sub-section (1) in respect thereof.”
When there is a provision to file an interlocutory application
seeking interim order, it is unnecessary for the High Court to entertain
the writ petition.
4.The contention of the petitioner is that they have filed a stay
petition and not disposed of.
5.Per contra, the learned Additional Government Pleader would
submit that the enquiry date is fixed on 24.11.2026.
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WP.No.44560 of 2026
6.Under these circumstances, the present writ petition is
unnecessary and filed based on apprehension. High Court cannot grant
relief merely based on the apprehension and in the absence of
establishing any right, more so, during the pendency of the statutory
appeal as well as the stay petition, the High Court need not grant interim
relief which would result in causing prejudice to any one of the parties. It
is for the appellate authority to decide both the stay petition as well as
the appeal in the manner known to law and on merits.
7.With these observations, the Writ Petition stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
(S.M.S.,J.) (R.R.V.,J.)
04-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
cse
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WP.No.44560 of 2026
To
1. The Secretary / Additional secretary
(Technical),
Housing and urban Development
Department,
Government of Tamil Nadu,
Secretariat, Chennai - 600 009.
2. The Executive Engineer,
Zonal office VIII,
Corporation of Chennai,
No.36 B, Pulla Avenue,
Shenoy Nagar, Chennai - 600 030.
3. The Assistant Executive Engineer,
Zonal office VIII,
Corporation of Chennai,
Shenoy Nagar, Chennai - 600 030.
4. The Assistant Engineer,
Division 98, Zone VII,
5. Corporation of Chennai,
No.6A, Aspiran Garden, 1st street,
Kilpauk, Chennai - 600 010.
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WP.No.44560 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.44560 of 2026
04-11-2026
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