01Facts
The petitioner challenged a lock-and-seal notice dated 13 May 2026 issued by the Udhagamandalam Municipality and sought removal of the seal so that he could rectify deviations in the premises.
p. 1 · p. 2 · ¶ 1–3He had also filed an appeal against the notice, which was pending.
p. 2 · ¶ 2Before the High Court, the petitioner expressed willingness to rectify the deviations within four months.
p. 2 · ¶ 1–302Issues
i.Whether the writ petition challenging the lock-and-seal notice was entertainable while the petitioner’s statutory appeal against the notice remained pending
p. 2 · ¶ 2ii.Whether the petitioner should be granted time to rectify the deviations and restore the building in accordance with the approved plan
pp. 2–3 · ¶ 3–403Law Applied
The Court stated that, where a lock-and-seal notice is issued under the Tamil Nadu Town and Country Planning Act, an appeal lies under Section 80-A of that Act.
p. 2 · ¶ 2A writ petition filed without exhausting the statutory remedy is not entertainable; here, the petitioner’s appeal was already pending.
p. 2 · ¶ 2Provisions in the judgment · 1
Tamil Nadu Town and Country Planning Act, 1971 Section 80A
04Reasoning
Because the petitioner had invoked the statutory appellate remedy and that appeal remained pending, the Court declined to entertain the writ challenge to the notice.
pp. 2–3 · ¶ 2–4Separately, taking account of the petitioner’s willingness to rectify the deviations, the Court granted time to comply, but fixed a period of three months—not the four months sought—requiring demolition of the unauthorised construction and restoration of the building in accordance with the permission granted by the competent authorities.
pp. 2–3 · ¶ 2–405Holding
The Court disposed of the writ petition with directions that the petitioner rectify the deviations, demolish the unauthorised construction and restore the building as per the approved plan within three months from receipt of a copy of the order.
p. 3 · ¶ 4–5If the petitioner failed to do so, the respondent could take enforcement action, demolish the unauthorised construction or deviations, and recover the cost from the petitioner under the Act.
p. 3 · ¶ 4–5No costs were ordered.
p. 3 · ¶ 4–5Original Court PDF
A.M.XaviervsThe State of Tamil Nadu
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