Dr.R.Chandrasekaran v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2026 CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.No.4279 of 2026 Dr.R.Chandrasekaran S/o.Rajappa Door No.69/3, Hunters Road Choolai, Chennai- 600 112.
Petitioner(s) Vs
1. The Commissioner Greater Chennai Corporation Rippon Building Chennai-600 003.
2. The Assistant Executive Engineer Greater Chennai Corporation Unit- 14, Zone-5 No.2, Adhikesavalu Street Chintadripet, Chennai-600 002.
3. The Assistant Engineer Greater Chennai Corporation Division-58, Unit-14, Zone-5 No.9, Kannappar Thidal, Choolai Chennai 600 112.
Respondent(s)
Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the records in Notice No.05/58/0124/2025 dated 28.10.2025 under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) on the file of the 2nd and 3rd Respondents and quash the same and consequentially direct the respondents to treat the front portion measuring 286 sq.ft forming part of the petitioners construction in accordance with sanction plan. For Petitioner(s):
Mr. M.Vijayakumar For Respondent(s): Mr. S.Gopinathan Standing Counsel
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The present writ petition has been filed under Article 226 of the Constitution of India challenging the notice dated 28.10.2025, wherein, certain setback violations have been noticed.
2. Learned counsel for petitioner submits that third
respondent has acted mala fide and petitioner apprehends that in case, he submits reply to the notice, he may not get justice in the matter.
3. Learned counsel for respondents submitted that the officer, who issued notice, has already been transferred and another officer has taken over charge and therefore, the ground taken by petitioner cannot be entertained.
4. In view of the aforesaid submission of learned counsel for respondents, we refrain from entertaining the writ petition. However, petitioner is granted liberty to file reply to the notice dated 28.10.2025 within two weeks from today. Third respondent shall consider the same, untrammeled by the counter filed by the Zonal Officer as well as the pleadings before this Court and take an independent decision, in accordance with law and as expeditiously as possible, preferably within four weeks thereafter.
5. With the aforesaid, the writ petition is disposed of. There shall be no order as to costs. Consequently, the interim application is closed.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J) 17.03.2026 Index :
Yes/No Yes/No kpl To
1. The Commissioner Greater Chennai Corporation Rippon Building Chennai-600 003.
2. The Assistant Executive Engineer Greater Chennai Corporation Unit- 14, Zone-5 No.2, Adhikesavalu Street Chintadripet, Chennai-600 002.
3. The Assistant Engineer Greater Chennai Corporation Division-58, Unit-14, Zone-5 No.9, Kannappar Thidal, Choolai Chennai 600 112.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) 17.03.2026