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2026 DAILYLAW 54141 (MAD)

R.RAHMATH NISHA v. THE SECRETARY

WP/29261/2026 · 2026-07-23

Hemant Chandangoudar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.29261 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.07.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.No.29261 of 2026 and WMP.No.32154 of 2026 R.Rahmath Nisha Petitioner(s) Vs. 1.The Secretary Housing and Urban Development, Department, Government of Tamilnadu, Secretariat, Fort St. George, Chennai-600 009 2.The Directorate The Town and Country Planning. 2nd, 3rd and 4th Floor, E and C. Market Road, CMDA Office Complex, Koyambedu, Chennai-600 107. 3.The Commissioner The Municipal Office Tindivanam-604 001. Respondent(s) 1/5 https://www.mhc.tn.gov.in/judis W.P.No.29261 of 2026 Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to consider the application dated 30.06.2026 filed by the petitioner under section 135(3) of the Tamil Nadu Urban Local Bodies Act, 1998, and pass For Petitioner : Ms.M.Saraswathi For Respondents : Mr.P.Siddarth Government Counsel ORDER Mr.P.Siddarth, learned Government Counsel, accepted notice on behalf of the respondents. 2. The petitioner has filed this writ petition seeking a direction to the third respondent to consider her application dated 30.06.2026 filed under Section 135(3) of the Tamil Nadu Urban Local Bodies Act, 1998. 3. According to the petitioner, her husband constructed a residential building on Plot No.3, Semmozhi Street, Pellakuppam Road, Avarapakkam, Tindivanam. A complaint was later made alleging that the building had been constructed without obtaining the necessary building permission. The petitioner thereafter applied for regularisation of the unauthorised construction under Section 135(3) of the Act. She complained that, while the application was still pending, the third respondent was taking steps to demolish the building. 2/5 https://www.mhc.tn.gov.in/judis W.P.No.29261 of 2026 4. During the hearing, the petitioner’s counsel informed the Court that the application for regularisation had been rejected on 22.07.2026 and that the petitioner intended to challenge the rejection by filing an appeal within a reasonable time. 5. Recording the above submission, this Court disposes of the writ petition by granting liberty to the petitioner to file an appeal within two weeks from today. If such an appeal is filed, the competent authority shall consider and decide it on its own merits, in accordance with law, within four weeks thereafter. 6. The respondents shall not take any coercive steps, including demolition of the building for a period of six weeks from today. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 23.07.2026 Index : Yes/No Speaking order : Yes/No dna 3/5 https://www.mhc.tn.gov.in/judis W.P.No.29261 of 2026 To 1.The Secretary Housing and Urban Development, Department, Government of Tamilnadu, Secretariat, Fort St. George, Chennai-600 009 2.The Directorate The Town and Country Planning. 2nd, 3rd and 4th Floor, E and C. Market Road, CMDA Office Complex, Koyambedu, Chennai-600 107. 3.The Commissioner The Municipal Office Tindivanam-604 001. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.29261 of 2026 HEMANT CHANDANGOUDAR.J., dna W.P.No.29261 of 2026 and WMP.No.32154 of 2026 23.07.2026 5/5 https://www.mhc.tn.gov.in/judis