Nigar Sulthana v. The Additional Secretary

ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

¶2Even though there exists an alternative remedy, which has already been availed by the petitioner by filing a revision under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, the petitioner is parallely pursuing writ remedy.

¶3Submission of learned counsel for the petitioner is that, though revision was filed on 18.12.2025 along with an application for stay, the same has not seen the light of the day and the petitioner is apprehending that the building may be locked and sealed at any moment. Therefore, a protective order is sought by way of this petition.

¶4Despite our order passed in W.P.No.39842 of 2025 [R.Chandra Sekaran v. The Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai and another], decided on 25.10.2025, we find that the stay applications filed along with the revisions are not taken up within a reasonable period, which, in a given case, may result in frustrating the prayer for stay if the building is locked and sealed.

¶5Lock and seal of a building is a serious action and it virtually amounts to eviction of the occupant of the building, though for a temporary period.

¶6In these circumstances, we direct the revisional authority to consider the stay application within a period of two weeks from the date of receipt of a copy of this order. A copy of this order shall be presented before the revisional authority within five days from today. For a period of 15 days, no lock and seal shall be ordered and the authorities in the Corporation shall await the order in the stay application.

¶7The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J)

12.02.2026 Index : : bbr To:

1.The Additional Secretary Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009

2.The Commissioner Tambaram City Municipal Corporation, Tambaram. W.P.No.3220,of,2026 THE,HON'BLE,CHIEF,JUSTICE ,,,,AND G.ARUL,MURUGAN,J. bbr W.P.No.3220,of,2026 ,,,,,

12.02.2026 Page,5,of,5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2026 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.3646 of 2026 Nigar Sulthana W/o.Shaik Abdul Azeem Flat No.G1, Ground Floor, 2nd Main Road, Anna Nagar Pammal, Chennai-600 075 Petitioner Vs 1.The Additional Secretary Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009 2.The Commissioner Tambaram City Municipal Corporation, Tambaram. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to forbear all further proceedings of the respondents from initiating any coercive action of Locking and Sealing or Demolition of the petitioner's Premises pursuant to the impugned notice:06/Zonal 1/2025/F1 dated 05.12.2025 issued by the 2nd respondent till the disposal of the Appeal pending before the 1st respondent. For Petitioner: Mrs.R.Nirmala Devi For Respondents: Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for R1 Mr.P.Srinivas Standing Counsel for R2