Ijjur Rahman Bijili vs The Additional Chief Secretary / Secretary To Government & Ors.

This Writ Petition is filed seeking to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned Lock and Seal Order in Form VII bearing Roc.No.3567/2025/TVLD3 dated 21.08.2026 (and consequential notice dated 27.08.2026) issued by the 2nd Respondent, quash the same as illegal, arbitrary, and violative of the Principles of Natural Justice, and consequently direct Respondents 1 to 4 to consider and grant approval to the Petitioners Online Building Plan Application Ref SWP/BPA/0767442/2026 for the property comprised in New T.S. Nos. 2591/9 Part and 2592, Ward AG, Block 21, Tirunelveli Town.

The learned counsel of the petitioner submitted that against the same he had already prepared an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act 1971 before the first respondent.

The learned Special Government Pleader submitted that the petitioner cannot take two routes for seeking remedy for one issue. Having prepared an appeal before the competent authority, he has no local standi to file this petition and sought for dismissal of this writ petition. The learned Special Government Pleader also pointed out that the lock and seal order was passed only on the basis of the judgment of the Honourable Division Bench of this Court made in WP(MD)No. 510 of 2026.

Heard either sides and carefully perused the materials available on record. Since no adverse order is proposed to be passed as against the 5th respondent, notice to the 5th respondent is dispensed with.

I find force in the submission of the learned Special Government Pleader since the petitioner has already filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. The first respondent is directed to dispose of the appeal filed by the petitioner herein, within a period of two weeks from the date of receipt of a copy of this order. It is made clear that I have not gone into the merits of the case. The Petitioner is at liberty to press all the remedies whatever is available for him before the first respondent. The first respondent is also directed to consider the possibility of passing interim order of stay, if the case of the petitioner deems fit, within a period of one week from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed.