Thozhilalar Munnettra Sangam v. The State of Tamil Nadu

ORDER (Order of the Court was made by N.SATHISH KUMAR, J.) The prayer in this writ petition is to issue a Writ of Mandamus, to direct the 1st respondent to consider and dispose of the application submitted by the 3rd respondent vide his proceedings in Parvai/Pori/Pothu/0037/2026 dated

27.05.2026 and consequently to forbear the respondents 4 and 5 from demolishing the building situated in TS No.86 situated in Ward No.22, Bye Pass Road, Madurai, pursuant to the notice issued by the 5th respondent vide his proceedings in Na.Ka.No.Ma3/D2/006168/2023 dated 13.06.2026 pending disposal of the application before the respondents 1 and 2.

¶2It is the contention of the learned Senior Counsel appearing for the petitioner that the demolition exercise was undertaken pursuant to the direction issued by this Court in W.P(MD)No.25849 of 2023 dated 18.12.2023, wherein, this Court has directed removal of encroachment. Thereafter, the 6th respondent has submitted an application under Section 113(b) of the Tamil Nadu Urban Local Bodies Act, 1998, on 27.05.2026 to the Corporation seeking exemption of deviated building construction. Without passing any order on the said application, the 5th respondent has issued the notice to the 6th respondent proposing demolition on 01.07.2026. Taking note of the fact that Section 113(b) of the Tamil Nadu Urban Local Bodies Act, 1998 provides exemption / regularization of the unauthorised or deviated building construction and that the 6th respondent has also filed the exemption application on 27.05.2026 and without deciding the same, the demolition is scheduled on 01.07.2026, we are of the view that it is for the 1st respondent to take a decision in the exemption application on its own merits as to whether exemption to be granted or not and then proceed as per law.

¶3Therefore, the 1st respondent is directed to pass orders on the exemption application dated 27.05.2026 filed before the 1st respondent under Section 113(b) of the Tamil Nadu Urban Local Bodies Act, 1998, on its own merits within a period of two months from today. Till such time, let the authorities shall not take any coercive steps. It is made clear that in the event the exemption application is not considered / rejected by the 1st respondent, the removal of encroachment should be made immediately.

¶4With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No

23.06.2026

: Yes / No bala To

¶1The Principal Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai.

¶2The Director of Town and Country Planning, O/o. Director of Town and Country Planning, Chennai.

¶3The District Collector, Madurai District,

¶4The Commissioner, Tallakulam, Madurai-2.

¶5The Assistant Commissioner, Region 3 (central),

¶6The Managing Director, TNSTC (Madurai) LTD, Head Office, Madurai - 625 016. oN.SATHISHoKUMARoo,oJo. AND M.JOTHIRAMAN,oJ. balao o ORDERoMADEoIN W.P(MD)No.17477oofo2026 oDATEDo:oo23.06.2026o

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN and WMP(MD)No.12943 of 2026 Thozhilalar Munnettra Sangam Represented by V.Albhonse General Secretary TNSTC (Madurai region) Ltd Madurai -625 016. ... Petitioner Vs. 1. The State of Tamil Nadu, Rep by its Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai. 2. The Director of Town and Country Planning, O/o. Director of Town and Country Planning, Chennai. 3. The District Collector, Madurai District, 4. The Commissioner, Tallakulam, Madurai-2. 5. The Assistant Commissioner, Region 3 (central), 6. The Managing Director, TNSTC (Madurai) LTD, Head Office, Madurai - 625 016. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to consider and dispose the application submitted by the 3rd respondent vide his proceedings in Parvai/Pori/Pothu/0037/2026 dated 27.05.2026 and consequently to forbear the 4th and 5th respondent from demolishing the building situated in TS No.86 situated in Ward No.22, Bye pass road, Madurai pursuant to the notice issued by the 5th respondent vide his proceedings in Na.Ka.No.Ma3/D2/006168/2023 dated 13.06.2026 pending disposal of the application before the 1st and 2nd respondents. For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For R1 to R3 : Mr.M.S.Parthiban, Counsel for State For R4 & R5 : Mr.T.S.Mohammed Mohideen For R6 :Mr.S.C.Herold Singh