E.P.Gopalakrishnan v. Government of Tamil Nadu

O R D E R (Order of the Court was made by S.Sounthar J.) By consent of both sides, this Writ Petition is disposed of at the admission stage itself.

2.This Writ Petition has been filed to direct the 2nd respondent to de-seal the petitioner's property morefully described in the prayer to this Writ Petition, so as to enable the petitioner to carry out rectification and regularize the building in conformity to the approved plan and in consonance to Combined Development Rules, 2019, within a reasonable time and in accordance with law by considering the petitioner's representation dated 30.04.2026.

3.Heard the learned counsel for the petitioner as well as the learned Government Advocate for the respondents.

4.The case of the petitioner is that the petitioner, being the owner of the petition mentioned property, after obtaining planning permission and building permit from the 2nd respondent during the year 2007 for construction of ground Page2 of 6 and first floor, completed the sanctioned construction. While so, without obtaining Floor Space Index, the petitioner constructed additional floor in the said property. Thereafter, the petitioner submitted the revised plan application for regularisation before the 2nd respondent, which was rejected by the proceedings dated 13.01.2026. Against the same, the petitioner had also preferred a statutory appeal, which is pending. While the matter stood thus, on a complaint made by the neighbouring persons, the 2nd respondent locked and sealed the portions of the petitioner's property on 25.02.2026. Since the property of the petitioner is under lock and seal, the petitioner is unable to rectify deviations and bring the building into conformity with approved norms and the Tamil Nadu Combined Development and Building Rules, 2019. Therefore, the petitioner had submitted a representation on 30.04.2026, seeking temporary de-sealing for the purpose of rectification. Since the said representation was not considered by the respondents, he has come out with this Writ Petition.

5.Learned Government Advocate, who takes notice for the respondents, submitted that the said representation of the petitioner will be considered within a time limit prescribed by this Court. Page3 of 6

6.Considering the facts and circumstances of the case and also the submission made by the learned Government Advocate, the 2nd respondent is directed to consider the representation of the petitioner dated 30.04.2026 and pass final orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7.Accordingly, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (S.S.,J.) (P.B.B.,J.) 06-05-2026 Index: Yes/No Speaking/Non-speaking order GSA/GSK Page4 of 6 To

¶1Secretary to Government Government of Tamil Nadu Housing and urban Development Department, Secretariat, Chennai 600 009.

¶2St. Thomas Mount panchayat Union Rep by its Commissioner, Chitalapakkam, Chennai 600 064. Page5 of 6

S.SOUNTHAR, J. AND

P.B.BALAJI, J. GSA/GSK and W.M.P. No.19728 of 2026 06-05-2026 Page6 of 6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-05-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR AND THE HON'BLE MR.JUSTICE P.B. BALAJI and W.M.P. No.19728 of 2026 E.P.Gopalakrishnan ..Petitioner(s) Vs 1. Government of Tamil Nadu Secretary to Government Housing and Urban Development Department, Secretariat, Chennai 600 009. 2. St. Thomas Mount Panchayat Union Rep by its Commissioner, Chitalapakkam, Chennai 600 064. ..Respondent(s) PRAYER - Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents to de-seal the petitioner's property at Plot No 4 in S. No 387/3 of VGP Pushpa Nagar, Medavakkam Village, Chennai 600 100, which was sealed by the 2nd respondent so as to enable the petitioner to carry out rectification and regularize the building in conformity to the approved plan and in consonance to Combined Development Rules, 2019, within a reasonable time and in accordance with law by considering the petitioner's representation dated 30.04.2026. Page1 of 6 For Petitioner(s): Mr.D.S.Rajasekaran For Respondent(s): Mr.K.Tamilvendan, Government Advocate