Authority: Madras High Court
Order Date: 31-07-2026
Case Overview
- Petitioner: S.K. Muthughavi, who purchased a building that was allegedly constructed in accordance with the planning permission granted to the predecessor.
- Respondents: 1) The Greater Chennai Corporation, represented by its Commissioner; 2) Assistant Engineer, Division‑153, Unit‑34, Zone‑11, Greater Chennai Corporation.
- The petitioner sought demolition and reconstruction of a structure that originally had permission only for the ground floor. Instead, a ground‑plus‑two‑floors building was erected.
- The Corporation issued a notice on 19‑12‑2025 to discontinue further construction and, after non‑compliance with Section 56, issued a lock‑and‑seal notice on 22‑07‑2026 directing removal of movable and immovable property to enable sealing of the premises.
- The petitioner challenged the lock‑and‑seal notice, claiming the building complied with the original planning permission and that only renovation work was carried out.
- Standing counsel for the Corporation produced the original planning permission, confirming it authorized only the ground floor. The existing building measures: ground floor 1330.85 sq ft., first floor 1330.85 sq ft., second floor 854.64 sq ft.
Final Outcome
- The Court held that the lock‑and‑seal notice is valid and does not suffer any infirmity.
- The petitioner may either (a) apply to the Corporation to rectify the building in line with the sanctioned plan, or (b) seek a revised planning permission, both to be considered according to law.
- The petitioner must comply with either option within seven (7) days from the date of the order; failing which the respondents are authorized to proceed with lock and seal of the premises.
- The writ petition is therefore disposed of, the connected miscellaneous petition is closed, and no costs are awarded.
Topics: Building Regulation, Municipal Law