WP.No.6020 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.04.2025 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P.No.6020 of 2024 and WMP.No.6673 of 2024 1.D.Jagadish 2.D.Manshankar 3.D.Srinivasan ... Petitioners Vs. 1. The Commissioner, Greater Chennai Corporation, Chennai - 600 003. 2. The Executive Engineer, Corporation of Chennai, Zone -5, Basin Bridge Road, Chennai - 600 021. 3. Assistant Executive Engineer, Unit 12, Perambalu Street, Old Washermenpet, Chennai - 600 021. Page 1 of 6 https://www.mhc.tn.gov.in/judis WP.No.6020 of 2024 4. Assistant Engineer, Division - 09, Kothandaraman Street, Old Washermenpet, Chennai - 600 021. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorari, calling for the records in impugned Lock and Seal and Demolition Notice issued by 2 to 4 respondents dated 08.02.2024 in proceedings No.05/0825/2024 pasted on the site on 13.02.2024 and 14.02.2024 at New No.15/1, Old No.7/1, Singara garden 7th Street, Old Washermenpet, Chennai - 600 021 and to quash the same. For Petitioners : Mrs.S.Thamizharasi For Respondents : Mr.D.B.R.Prabhu Standing Counsel ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Lock and Seal and Demolition Notice dated 08.02.2024 issued by the the Greater Chennai Corporation is under challenge in the present writ petition. 2. Mrs.S.Thamizharasi, the learned Counsel appearing on behalf of the petitioners would submit that there is no deviation / violation. 3. However, the Assistant Engineer, Ward-9, Greater Chennai https://www.mhc.tn.gov.in/judis WP.No.6020 of 2024 Corporation filed a status report which reveals following deviations / unauthorised constructions: "6...on scrutinizing the approved plan it was found that the petitioners herein have put up their building by deviating the approved plan. The extent of deviations are as follows:- Sl.No. Description As per approved plan As on site Difference 1 Front Setback 1.50 m 1.42 m 0.08 m 2 Rear Setback - - - 3 Side Setback (South) - - - 4 Side Setback (North) 1.00 m - 1.00 m 5 Total Area of building 289.47 m2 300.01 m2 10.54 m2 6 Height 9.00 m 9.00 m - 7 Area at Ground Floor 85.17 m2 102.67 m2 17.51 m2 8 Area at 1st floor 98.25 m2 102.67m2 4.42 m2 9 Area at 2nd floor 98.15 m2 102.67 m2 -4.42m2 10 No. of Floor G+2 G+2 - 7. ...further enforcement action was taken by issuing a Lock & Seal and Demolition Notice dated 08.02.2024, since the petitioners have refused to receive in person and also refused to receive the notice sent through registered post, the notice was affixed on the wall of the building in question and photographs were taken" 4. No writ against Lock and Seal notice is entertainable, since the https://www.mhc.tn.gov.in/judis WP.No.6020 of 2024 Town and Country Planning Act contemplates revision before the Government under Section 80-A. An aggrieved person may prefer a revision before the Government for adjudication of issues on merits. High Court cannot decide the disputed issues and the findings of the Government in a revision petition would be of assistance to the High Court to exercise the powers of Judicial Review. Thus, exhausting the Statutory remedy is of paramount importance. 5. In the present case, the Corporation Authorities identified deviations / unauthorised constructions. That being so, there is no impediment for them to continue the enforcement action. It is for the petitioners to prefer a revision, if they prefers to do so. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S,J.] [K.R.S,J.] 29.04.2025 veda Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No To https://www.mhc.tn.gov.in/judis WP.No.6020 of 2024 1. The Commissioner, Greater Chennai Corporation, Chennai - 600 003. 2. The Executive Engineer, Corporation of Chennai, Zone -5, Basin Bridge Road, Chennai - 600 021. 3. Assistant Executive Engineer, Unit 12, Perambalu Street, Old Washermenpet, Chennai - 600 021. Page 5 of 6 https://www.mhc.tn.gov.in/judis WP.No.6020 of 2024 S.M.SUBRAMANIAM,J. AND K.RAJASEKAR,J. veda W.P.No.6020 of 2024 29.04.2025 https://www.mhc.tn.gov.in/judis