MR.M.KOTTESWARA RAO vs The Additional Secretary (Technical)

2026:MHC:4467
WP No. 43231 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 43231 of 2026
CNR: {HCMA012439852026}
Mr.M.Kotteswara Rao
..Petitioner(s)
Vs
1. The Additional Secretary (Technical)
Government of Tamilnadu, Housing and
Urban development secretariat, secretariat,
Chennai – 600009.
2. The Commissioner
Corporation of Chennai, Chennai.
3. The Assistant Executive Engineer
Division-12, Zone-5, corporation of
Chennai, old washermenpet,
Chennai - 600021.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India issuing writ of certiorarified mandamus calling for the records
relating to the impugned notice/order in Z.O.V.C.No.9105/1/2026 dated
rd
24.08.2026 issued by the 3 respondent, quash the same and
st
consequently direct the 1 respondent to consider the representation
dated 11.09.2026 for extension of time for compliance of the order dated
19.05.2025 and consequently direct the 3rd respondent to dispose of the
petitioner’s revised planning application PPA No.WDCN05/04925/2026
dated 05.09.2026 in accordance with law.
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2026:MHC:4467
WP No. 43231 of 2026
For Petitioner(s): Mr.V.Venkatesan
For Respondent(s): Mr.B.Sivakollappan
Additional Government Pleader For R-1
Ms.R.V. Gayatri
Standing Counsel For R 2,3
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted challenging the
de-occupation notice issued by Chennai Corporation in
Z.O.V.C.No.9105/1/2026, dated 24.08.2026 for implementing the orders
of the Government dated 16.09.2025.
2. Based on the complaint, enforcement action was initiated for
demolition of unauthorized construction / deviations made by the
petitioner. Lock and seal notice was issued and procedure contemplated
under the Act was followed by the authorities. Finally, the petitioner
preferred an appeal under Section 80A of the Act challenging the lock
and seal notice. The Government elaborately considered the issues
relating to unauthorized construction / deviations by affording opportunity
to the parties and passed the final orders by letter dated 16.09.2025.
Government directed the petitioner to carry out the rectification for the
entire building and restore the building as per the building plan
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2026:MHC:4467
WP No. 43231 of 2026
permission granted. The timeline granted for demolition of unauthorized
portion of the construction was three months from the date of issue of
the order by the Government on 16.09.2025. Almost one year lapsed
and petitioner has not initiated any action to demolish the unauthorized
portion of the construction. Thus, Corporation authorities issued a de-
occupation notice on 24.08.2026 to demolish the unauthorized portion
as per the order of the Government dated 16.09.2025. Challenging the
said notice, the present writ petition is filed.
3. During the course of arguments, learned counsel for the
petitioner would submit that petitioner himself will demolish the
unauthorized portion of the construction / deviation and restore the
building as per the building plan permission granted by the competent
authority. In this regard, he filed an affidavit stating that he will demolish
the unauthorised portion and restore the building as per the building plan
permission within a period of two months.
4. In view of the said undertaking given by the petitioner as well
as the submission made on behalf of the petitioner by the learned
counsel for the petitioner, this Court is inclined to direct the petitioner to
demolish the unauthorized construction / deviated portion of the building
and restore the building as per the building plan permission within a
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2026:MHC:4467
WP No. 43231 of 2026
period of two months from today. Failing which, respondents are
directed to demolish the unauthorized / deviated portion and recover the
cost from the petitioner as per the provisions of the Act and rules.
5. With these directions, the writ petition stands disposed of.
No costs. Consequently, the connected miscellaneous petitions, if any,
are closed.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The Additional Secretary (Technical)
Government of Tamilnadu, Housing and
Urban development secretariat, secretarait,
chennai – 600009.
2. The commissioner
corporation of chennai, chennai.
3. The Assistant Executive Engineer
Division-12, Zone-5, corporation of
chennai, old washermenpet, chennai -
600021.
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2026:MHC:4467
WP No. 43231 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 43231 of 2026
02-11-2026
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