← Library
Madras High CourtWP/11584/2026disposed of

Koyambedu Vaniga Valaga Lmn Block v. The Member Secretary Cmda,

2026-03-25Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 11584 of 2026 AND WMP NO. 12633 OF 2026 Koyambedu Vaniga Valaga LMN Block Motha Viyabarigal Sangam Rep by its Secretary / President, S.Raja, S/o.Sudalaikan, No.3, Mandaveli Street, Nerkundaram, Tiruvallur-600 107.

Petitioner(s) Vs

1. The Member Secretary CMDA, Chennai Metropolitan Development Authority, No.1, Ground Floor, Thalamuthu Natrajan Building, Gandhi Irwin Road, Egmore, Chennai-08.

2.The chief Executive Officer Chennai Metropolitan Development Authority, No.1, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-08.

3.The Chief Administrative Officer Marke Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 107.

Respondent(s) PRAYER Forbearing the 3rd respondent from in any way putting up any kind of construction either in front or rear side of the Shop Nos.M90, M92, M94,

M96, M98, M100, M102,M104, M106,108,110 and M120 in the open spaces which may affect the ingress and egress of Shops and business, vehicular movements.

For Petitioner(s):

Mr.K.Venkateswaran for MR.M.Selvam For Respondent(s):

Mr.B.Sanjay Balachander, SC For R1 and R2 Ms.P.Veena Suresh, SC For R3

ORDER

This writ petition has been filed to forbear the third respondent from in any way putting up any kind of construction either in front or rear side of the shop Nos.M90, M92, M94, M96, M98, M100, M102, M104, M106, M108, M110 and M120, which may affect the ingress and egress of the shops, belonging to the members of the petitioner Association. 2.The petitioner Association claims to have represented the interests of its members, who are in possession of the aforesaid shops. According to the petitioner Association, the third respondent has decided to put up a construction adjoining the shops. According to the petitioner Association, its members apprehend that the construction put up by the third respondent may affect the ingress and egress of the shops occupied by its members. In such circumstances, the petitioner had given a representation on 10.02.2026 to the respondents to forbear them from putting up any construction, which will affect the ingress and

egress of the shops, belonging to the members of the petitioner Association. Since the said representation was not considered, the petitioner has filed this writ petition.

3.Mr.B.Sanjay Balachander, learned Standing Counsel accepts notice on behalf of respondents 1 and 2. Ms.P.Veena Suresh, learned Standing Counsel accepts notice on behalf of the third respondent. 4.The photographs filed along with this writ petition do not reveal any proposed construction activity and only based on apprehension, this writ petition has been filed.

5.Learned counsel for the petitioner also placed on record an earlier order dated 30.08.2024 passed by this Court in W.P. No.25490 of 2024, filed by one S.Yamuna Sree, who is also an occupant of two shops, namely M-90 and M-92. The very same shops are also the subject matter of this writ petition for which protection is sought for by the petitioner Sangam. Apart from those shops, there are other shops as well for which protection is sought for by the petitioner Sangam. In the order dated 30.08.2024 passed in W.P. No. 25490 of 2024, this Court, after recording the statement of the learned Standing Counsel appearing for the respondents, had directed the respondents to construct the compound wall or health centre, without disturbing ingress and egress of the petitioner's

shop (S.Yamuna Sree) for the customers and vehicle movements. Learned counsel for the petitioner relies upon the very same order for seeking protection from this Court in this writ petition. The order passed in W.P. No. 25490 of 2024 on 30.08.2024 by this Court pertains to two shops namely, M-90 and M-92. 6.Though the learned counsel for the petitioner seeks for a similar direction from this Court for all the shops, morefully disclosed in the prayer to this writ petition, the said relief cannot be granted by this Court, without hearing the contentions/objections of the respondents. The only relief that can be granted by this Court at the admission stage is to direct the third respondent to consider the petitioner's representation dated 10.02.

2026 seeking to forbear them from putting up any kind of construction either in front or rear side of the shop Nos.M90, M92, M94, M96, M98, M100, M102, M104, M106, M108, M110 and M120, on merits and in accordance with law, after affording one personal hearing to the authorised representative of the petitioner Association, within a time frame to be fixed by this Court. 7.This Court is not expressing any opinion on the merits of the petitioner's representation.

8.For the foregoing reasons, this writ petition is disposed of by directing the third respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 10.02.2026 seeking to forebear the third respondent from putting up any kind of construction either in front or rear side of the shops, morefully disclosed in the prayer to this writ petition, which

according to the petitioner sangam, may affect the ingress and egress of the shops, after affording one personal hearing to the petitioner's authorised representative, within a period of four weeks from the date of receipt of a copy of this order.

9.Since the construction is yet to commence, the third respondent shall not put up any construction in front of the shops, morefully disclosed in the prayer to this writ petition till the final orders are passed on the petitioner's representation. Consequently, connected WMP is closed. No costs. 25-03-2026 vga To 1.The Member Secretary CMDA, Chennai Metropolitan Development Authority, No.1, Ground Floor, Thalamuthu Natrajan Building, Gandhi Irwin Road, Egmore, Chennai-08.

2.The chief Executive Officer Chennai Metropolitan Development Authority, No.1, Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai-08.

3.The Chief Administrative Officer Marke Management Committee, Koyambedu Wholesale Market Complex, Koyambedu, Chennai-600 107.

ABDUL QUDDHOSE J.

vga AND WMP NO. 12633 OF 2026 25-03-2026