Madras High CourtAdministrative and Public LawProperty and Real Estate Law

Madras HC Gives Udhagamandalam Petitioner 3 Months To Restore Building To Approved Plan, Directs Demolition If He Fails

A.M.Xavierv.The State of Tamil Nadu

Madras HC Gives Udhagamandalam Petitioner 3 Months To Restore Building To Approved Plan, Directs Demolition If He Fails. A.M.Xavier vs The State of Tamil Nadu. Madras High Court. LawLens
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In brief

The question

Whether the writ petition challenging the lock-and-seal notice was entertainable while the petitioner’s statutory appeal against the notice remained pending

The court held

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.

It also directed

If 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.

No costs were ordered.

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 · ¶ 1–3

He had also filed an appeal against the notice, which was pending.

p. 2 · ¶ 2

Before the High Court, the petitioner expressed willingness to rectify the deviations within four months.

p. 2 · ¶ 1–3

02Issues

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 · ¶ 2

ii.Whether the petitioner should be granted time to rectify the deviations and restore the building in accordance with the approved plan

pp. 2–3 · ¶ 3–4

03Law 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 · ¶ 2

A writ petition filed without exhausting the statutory remedy is not entertainable; here, the petitioner’s appeal was already pending.

p. 2 · ¶ 2

Provisions 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 · ¶ 2–4

Separately, 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 · ¶ 2–4

05Holding

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 · ¶ 4–5

If 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 · ¶ 4–5

No costs were ordered.

p. 3 · ¶ 4–5
Madras High Court

Original Court PDF

A.M.XaviervsThe State of Tamil Nadu

Madras High Court · October 28, 2026

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