Hameetha Banu Amir v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2026

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 4687 of 2025 & W,M.P.Nos. 5192 to 5194 of 2025 1.Hameetha Banu Amir 2.Tahira Amir 3.Zaheeda Parveen 4.Noor-ul-Nissa ...petitioners Vs.

1.The Commissioner, Greater Chennai Corporation, 53, Raja Muthiah Road, Periamet, Kannappar Thidal, Poonga Nagar, Chennai - 600 003.

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2. The Superintending Engineer, Bus Route Roads Department, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3. The Project Manager, (UGO-3) Rail Vikas Nigam Limited, Mezzaine Floor, Tirumylai Railway Station Complex Mylapore, Chennai - 600 004.

4. The District Regional Officer, Legal and Land Official Chennai Metro Rail Limited, Nandanam, Chennai - 600 035.

5. The Deputy Commissioner (East-Traffic) D2, Anna Salai Police Station, Chennai - 600 002.

6. The Assistant Commissioner of Police, Creams Road, Thousand Lights, Nungambakkam, Chennai - 600 006.

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7.Metropolitan Transport Corporation, Rep. By Managing Director Pallavan Salai, Chennai - 600 002.

...respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent dated 21.01.2025 who had granted permission from shifting and relocating the bus stop from Valluvarkottam High Road (near hotel Raj Bhavan) to Valluvar Kottam High Road signal in front of Amir plaza at the instance of the 1st respondent by his letter dated 10.01.2025 and quash the same and consequently forbear the respondents 3 to 7 from taking any further steps hereinafter to act upon the aforesaid order in any manner considering the representation of the petitioner dated 04.02.2025. For petitioner :

Ms. P.J.Anitha For respondents :

Mr. S.Gopinathan 1 and 2 Panel Counsel For respondents :

Mr. B.Vijay 3 and 4 3/12

For respondents :

Mr. L.Baskaran 5 & 6 Government Advocate (Criminal Side)

O R D E R

This writ petition is filed for the following relief: "To call for the records of the 2nd respondent dated 21.01.2025 who had granted permission from shifting and relocating the bus stop from Valluvarkottam High Road (near hotel Raj Bhavan) to Valluvar Kottam High Road signal in front of Amir plaza at the instance of the 1st respondent by his letter dated 10.01.2025 and quash the same and consequently forbear the respondents 3 to 7 from taking any further steps hereinafter to act upon the aforesaid order in any manner considering the representation of the petitioner dated 04.02.2025."

2. The petitioner seeks to quash the permission dated 21.01.2025, granted by the 2nd respondent for shifting and relocating the bus stop from Valluvarkottam High Road (near hotel Raj Bhavan) to Valluvar Kottam High Road signal in front of Amir plaza and consequently forbear respondents 3 to 7, from taking any further steps in this regard. 4/12

3. The petitioners are the owners of the commercial building called Amir Plaza bearing Nos.59 and 60, Nungambakkam High Road and this building houses various businesses. It is the case of the petitioners that using the pretext of CMRL project work, hotel Raj Bhavan wanted to re-locate the sterling bus stop located in front of their premises to the petitioner's premises.

4. The petitioners would submit that shifting of the bus stop would cause a traffic congestion. The bus stop in front of hotel Raj Bhavan has been there for over a decade. They would contend that at the request of hotel Raj Bhavan, the workers of CMRL were instructed to shift the bus stop to the junction of Valluvar Kottom Road and Uthamar Gandhi Road, in front of the petitioners' premises.

5. The petitioners would submit that immediately, they gave a representation on 20.08.2024, to the 4th respondent and the police complaint to the 7th respondent on 20.08.2024 stating that the labourers had marked the area for installing the bus stop. The petitioners would 5/12

further submit that on 21.09.2024, they had given further representation to the respondents and the officials of the 3rd and 4th respondents orally informed them that the bus stop would not be relocated. Thereafter, there was no activity for over 4 months. However, on 02.02.2024, the labourers of CMRL at around 2 AM had attempted to dig road in front of their premises which was successfully stopped by the security of the petitioners.

6. The petitioners were informed by the CMRL officials that an order had been passed by the 2nd respondent on 21.01.2025 authorising shifting of bus stop subject to certain conditions, namely, permission from traffic police should be obtained before commencement of the work. Therefore, aggrieved by the above, the petitioners have filed this writ petition for the relief claimed above.

7. A counter affidavit has been filed by the 2nd respondent stating that the re-location of the existing bus stop was required only for the purpose of carrying out CMRL work and that the bus stop would be restored to the previous position after completion of the work. 6/12

Therefore, the same is only a temporary shifting.

8. The 2nd respondent has further stated that administrative orders for shifting the bus stop has been granted by the 3rd respondent subject to certain conditions which they have set out in paragraph No.5 of their counter affidavit.

9. A status report has been submitted by respondents 3 and 4, where they would state that the CMRL had been awarded work of five underground stations at KMC (Kilpauk), Sterling Road Junction, Nungambakkam, Gemini (Anna Flyover), Thousand Lights Cross Over Box to M/s. Rail Vikas Nigam Limited and that the work is now in progress. Since the underground metro station has been planned at Sterling Road Junction, the existing traffic movement had been diverted after obtaining necessary approvals. Thereafter, on advice of traffic police in order to ensure smooth and uninterrupted traffic flow, a proposal was mooted to shift the existing bus stop now in front of hotel Raj Bhavan to the location in front of the petitioners' premises. 7/12

10. The status report would further state that requisite permission from Greater Chennai Corporation, Metropolitan Transport Corporation and the Traffic Police had been obtained for shifting the said bus stop. They would also submit that the bus stop will be shifted back to its original location after completion of the CMRL works.

11. Heard the learned counsels on the either side and perused the records.

12. From a perusal of the records, it is clear that the re-location is only on account of facilitating CMRL project work and the same is only a temporary one as the respondents have undertaken to relocate the same back to its position in front of Hotel Raj Bhavan, once the work is completed. It is only a temporary inconvenience and that too an inconvenience caused on account of the work now been done by the CMRL.

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13. Therefore, I see no reason to interfere with the permission granted and accordingly this writ petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 27.01.2026 kan 9/12

To 1.The Commissioner, Greater Chennai Corporation, 53, Raja Muthiah Road, Periamet, Kannappar Thidal, Poonga Nagar, Chennai - 600 003.

2. The Superintending Engineer, Bus Route Roads Department, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

3. The Project Manager, (UGO-3) Rail Vikas Nigam Limited, Mezzaine Floor, Tirumylai Railway Station Complex Mylapore, Chennai - 600 004.

4. The District Regional Officer, Legal and Land Official Chennai Metro Rail Limited, Nandanam, Chennai - 600 035.

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5. The Deputy Commissioner (East-Traffic) D2, Anna Salai Police Station, Chennai - 600 002.

6. The Assistant Commissioner of Police, Creams Road, Thousand Lights, Nungambakkam, Chennai - 600 006.

7.Metropolitan Transport Corporation, Rep. By Managing Director Pallavan Salai, Chennai - 600 002.

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P.T. ASHA, J kan W.P.No. 4687 of 2025 27.01.2026 12/12