E.P.Gopalakrishnan v. Government of Tamil Nadu

ORDER (Order of the Court was made by V.Lakshminarayanan,J.) The Writ Petition is filed challenging the rejection of the petitioner's representation dated 30.04.2026 and to direct the 2nd respondent to de-seal the premises for the purpose of carrying out ratification and strengthen the building in conformity to the approved plan.

¶2Heard the learned counsel on either side.

¶3The petitioner is the owner of the property situated in Plot No.4, S.No.387/3 of VGP Pushpa Nagar, Medavakkam Village, Chennai - 600 100. He obtained sanction for construction of ground and first floors from the 2nd respondent. In violation thereon, he constructed 2nd floor. A neighbour filed a Page3 of 6 Writ Petition in W.P.No.24001 of 2007 seeking for a direction to the 2nd respondent to take action. This Court ordered the Writ Petition on 07.07.2022 calling upon the 2nd respondent to pass orders in accordance with law.

¶4It is not in dispute that the first floor has been let out to M/s.Indian Bank. Alleging violation of the order passed in the Writ Petition, Contempt Petition came to be filed before this Court in Cont.P.No.1626 of 2023. During the course of contempt proceedings, M/s.Indian Bank, occupying the first floor, gave an undertaking that they will vacate and handover the possession within a period of five months. They have also obtained a stay of further proceedings for locking and sealing before the Government in a Special Revision preferred by them.

¶5Since the other areas of the building were locked and sealed pursuant to the orders of this Court, the petitioner gave a representation on 30.04.2026 seeking permission of the authorities to de-seal and unlock the premises to enable him to bring the property in line with the approved plan. Since the said representation was rejected, he is before this Court. Page4 of 6

¶6Mr.L.S.M.Hasan Fizal, learned counsel appearing for the 2nd respondent submits that the locking and sealing is pursuant to the orders of this Court and hence, the 2nd respondent is not in a position to take a call in the matter.

¶7We have gone through the papers. The purpose of locking and sealing is to ensure that the violator does not use the superstructure, which has come up contrary to the approved plan. Today, the petitioner seeks permission of this Court to pull down the offending structures and bring it in accordance with the plan already approved. As the petitioner is now willing to comply with the law, we are inclined to give him an opportunity.

¶8Consequently, the Writ Petition stands ordered. The 2nd respondent shall de-seal and unlock the premises only to enable the petitioner to bring the building in accordance with the approved plan. The said exercise shall be carried out within a period of 45 days from the date of receipt of a copy of this order. The petitioner shall notify the 2nd respondent that he has brought the building in compliance with the approved plan. Once such intimation is received, the 2nd respondent shall inspect the premises and satisfy himself when Page5 of 6 it has so been done. If not, the 2nd respondent shall immediately seal the premises. There shall be no order as to costs. (G.R.S.,J.) (V.L.N.,J.) 27-05-2026 Index: Yes/No Speaking/Non-speaking order Sni/hvk To

1.The Secretary to Government, Government of Tamil Nadu Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Commissioner, St.Thomas Mount Panchayat Union, Chitalapakkam, Chennai - 600 064. WPoNo.o19948oofo2026 G.R.SWAMINATHAN,oJ. AND V.LAKSHMINARAYANAN,oJ. Sni/hvk WPoNo.o19948oofo2026 27-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-05-2026 CORAM THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN 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: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent vide proceedings in Na.Ka.No.531/2025/A4 dated 08.05.2026 rejecting the representation dated 30.04.2026 for de-sealing of the petitioner's premises at Plot No.4 in No.387/3 of VGP Pushpa Nagar, Medavakkam Village, Chennai - 600 100 for the purpose of rectification and regularization within a reasonable time and quash the same and consequently direct the 2nd respondent to de-seal the premises for the purpose of carrying out ratification and Page2 of 6 strengthen the building in conformity to the approved plan and applicable combined development regulations of 2019 within a reasonable time. For Petitioner(s): Mr.D.S.Rajasekaran For Respondent(s): Mr.M.Sivavarthanan, Counsel for Govt. of Tamil Nadu for R1 Mr.L.S.M.Hasan Fizal for R2