R.BALAKRISHNAN vs THE COMMISSIONER

2026:MHC:4490
WP No. 35958 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 35958 of 2026
CNR: {HCMA012097232026}
R.Balakrishnan
..Petitioner(s)
Vs
1. The Commissioner
Kundrathur Municipality,
No. 1, Lalachtram Main Road,
Kundrathur Municipal Office,
Kundrathur Taluk, Kancheepuram District,
Chennai-600 069.
2. R. Murugesan
3. M. Ganesan
4. B. Kirubakaran
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing
writ of mandamus directing the 1 respondent to remove the lock and seal
fixed in the common iron grill gate providing ingress and egress, and in
the temporary structure with asbestos roof to Plot 29, 30 and 31
Kamarajar Salai, Padmavati Nagar, Kundrathur, Chennai 600 069, and
to permit the petitioner to remove his articles and belongings in the
residential house in the said plots.
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2026:MHC:4490
WP No. 35958 of 2026
For Petitioner(s): Mr.R.Srinivas Sr.Advocate
For Mr.V.Sundar Raman
For Respondent(s): Mr.P.Srinivas
Standing Counsel For R -1
R 2-4 Not Ready In Notice.
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
st
Writ of mandamus has been instituted to direct the 1 respondent
to remove the lock and seal fixed in the common iron grill gate providing
ingress and egress, and in the temporary structure with asbestos roof to
Plot Nos.29, 30 and 31 Kamarajar Salai, Padmavati Nagar, Kundrathur,
Chennai 600 069, and to permit the petitioner to remove his articles and
belongings in the residential house in the said plots.
2. Several rounds of litigations were instituted by the petitioner as
well as his neighbour, who made a complaint for removal of
unauthorised construction. This Court directed the authorities to
complete the enforcement action by removing the unauthorised
construction. Government appeal filed under Section 80A of the Tamil
Nadu Town and Country Planning Act, 1971 also ended against the
petitioner. In pursuance to the orders of the Court and the orders of the
Government under Section 80A of the Act, the authorities have initiated
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2026:MHC:4490
WP No. 35958 of 2026
further enforcement action by locking and sealing the premises. Against
the said action, the present writ petition is filed.
3. Mr.R.Srinivas, learned Senior Counsel appearing on behalf of
the petitioner, after completing his arguments, made a submission that
petitioner himself will demolish the unauthorised construction, both
permanent and temporary. Thus, petitioner was asked to file an affidavit.
4. When the matter is taken up for hearing today, Mr.R.
Balakrishnan/petitioner filed a sworn affidavit stating that he will remove /
demolish the unauthorised construction within a period of six weeks from
the date of de-sealing of his property.
5. Learned Standing Counsel appearing on behalf of the
Municipality would submit that in view of the undertaking, authorities will
de-seal the premises, enabling the petitioner to demolish the
unauthorised construction, both permanent and temporary.
6. In view of the above submissions made between the parties to
the lis, this Court is inclined to direct the Commissioner, Municipality to
de-seal the premises on 11.11.2026 (i.e., tomorrow), enabling the
petitioner to commence the demolition activities. Petitioner is directed to
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2026:MHC:4490
WP No. 35958 of 2026
demolish the unauthorised construction, both temporary and permanent,
in entirety, within a period of six weeks from 11.11.2026. Authorities of
the Municipality are directed to monitor the demolition activities and
ensure that demolition process completes within a period of six weeks
from tomorrow, as per the undertaking given by the petitioner. In the
event of failure, Commissioner, Municipality shall demolish the entire
unauthorised construction and recover the charges from the petitioner.
7. With the above direction, the writ petition stands disposed of. No
costs. Consequently, connected Miscellaneous Petitions, if any, are
closed.
(S.M.S.,J.) (R.R.V.,J.)
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The Commissioner
Kundrathur Municipality,
No. 1, Lalachtram Main Road,
Kundrathur Municipal Office,
Kundrathur Taluk, Kancheepuram District,
Chennai-600 069.
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2026:MHC:4490
WP No. 35958 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 35958 of 2026
10-11-2026
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