Mahalingam v. The Principal Secretary to Government

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, directing the respondents No.4 and 5 to de-seal the petitioner's premises at T.S.No.138, Block No.30, New Ward No.A, North Andar Street, Tiruchirappalli, sealed pursuant to the order dated 26.09.2022 pending appeal filed by the petitioner in Letter No.4168365/UD4(L.Re.2)/2023-2 dated 14.08.2023 before the 1st respondent within time frame.

¶2The petitioner has sought for a direction to de-seal the dwelling house on the ground that though this Court directed the authorities to dispose of the appeal filed by the petitioner dated 14.08.2023, within a period of one month by order dated 03.03.2026 made in W.P(MD)No.4319 of 2026, the appeal has not been disposed of so far.

¶3Learned counsel for the State, on instructions, would submit that three months time is required to dispose of the appeal.

¶4The building was sealed pursuant to the notice dated 26.09.2022 and within three months therefrom, the petitioner filed appeal dated 21.12.2022. Admittedly, the building is a dwelling house. Therefore, the purpose of the legal provision itself is defeated in view of the pendency of the appeal by delaying the matter. If there is any deviation, it is for the authorities to set-right by giving an opportunity to the parties to make an application for regularisation as per the rules. Without doing so, by keeping the appeal pending and delaying the matter, the respondents cannot shirk their responsibility. Thus, the respondents are directed to dispose of the appeal expeditiously. Till such time, the premises in question shall be de-sealed.

¶5With the above direction, the Writ Petition is disposed of. No costs. [N.S.K., J.] & [M.J.R., J.] Index : Yes / No

11.06.2026

: Yes / No bala To

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

¶2The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai.

¶3The Deputy Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai.

¶4The Member Secretary / Assistant Director, Local Planning Authority, Trichy, Kajamalai Main Road, Tiruchirappalli - 620 023.

¶5The Commissioner, Tiruchirappalli City Corporation, Tiruchirappalli. oN.SATHISHoKUMARoo,oJo. AND M.JOTHIRAMAN,oJ. balao o ORDERoMADEoIN W.P(MD)No.11982oofo2026 oDATEDo:oo11.06.2026o

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.06.2026 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN Mahalingam ... Petitioner Vs. 1. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai. 2. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai. 3. The Deputy Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai. 4. The Member Secretary / Assistant Director, Local Planning Authority, Trichy, Kajamalai Main Road, Tiruchirappalli - 620 023. 5. The Commissioner, Tiruchirappalli City Corporation, Tiruchirappalli. ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.4 and 5 to de-seal the petitioner's premises at T.S.No.138, Block No.30, New Ward No.A, North Andar Street, Tiruchirappalli, sealed pursuant to the order dated 26.09.2022 pending appeal filed by the petitioner in Letter No.4168365/UD4(L.Re.2)/2023-2 dated 14.08.2023 before the 1st respondent within time frame. For Petitioner : Mr.B.Prasanna Vinoth For R1 to R4 : Mr.C.Jeganathan Counsel for State For R5 : Mr.Kishre Ram for M/s.R.B Law Associates, Standing Counsel