N.Anbalagan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN WP No.10388 of 2025 N.Anbalagan S/o.Nagappan No.28/5, Govind Singh Street Pulianthope, Chennai - 600012.

Petitioner(s) Vs

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irvin Road, Egmore Chennai - 600008.

3. The Zonal Executive Engineer (Zone VIII) Greater Chennai Corporation II Cross Street, East Pulla Avenue Shenoy Nagar, Chennai - 600030.

4. The Inspector of Police MMDA, Arumbakkam Police Station Chennai - 600106

5. K.Mohammed Yunus S/o A.K.Kamaludeen No.R.34, MMDA Colony Main Road Arumbakkam, Chennai - 600106

6. K.Mohammed Ashfaque S/o A.K.Kamaludeen No.R.34, MMDA Colony Main Road Arumbakkam, Chennai - 600106

7. A.K.Rizwanur Rahman S/o A.K.Kamaludeen No.R.34, MMDA Colony Main Road Arumbakkam, Chennai - 600106 Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct respondents 1 to 5 to consider and dispose of petitioner's representation dated 13.01.2025 within a stipulated period.

For Petitioner(s):

Mr.G.Kartheeban For Respondent(s):

Mr.Arun Babu Standing Counsel For R1 and R3 Ms.P.Veena Suresh Standing Counsel For R2

Mr.K.Raja Srinivas For M/s.P.Vs.Giridhar Associates for R5 to R7 Mr.A.Gokulakrishnan Additional Public Prosecutor for R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This is second round of litigation. The writ petition filed earlier was dismissed as withdrawn without any liberty.

2. Learned counsel for the petitioner would submit that he has filed a petition afresh in the light of the subsequent order passed by the Supreme Court in the case of Rajendra Kumar Barjatya and another v. U.P.Avas Evam Vikas Parishad and others, 2024 INSC 990.

3. This petition does not disclose the status of the petition pending in the Supreme Court with reference to which order was passed by a Division Bench of this court earlier on 18.9.2024 in W.P.No.26925 of 2024 filed by respondent Nos.5 to 7.

4. As long as the aforesaid order stands, we are not inclined to proceed in the matter. We give the petitioner liberty to either challenge the earlier order passed on 18.9.2024 after obtaining necessary leave as may be required under law or to come out with appropriate pleadings clearly indicating the status of the petition pending in the Supreme Court in the matter of challenge to the constitutional validity of Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971.

Petition is, accordingly, dismissed with liberty as prayed for. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 24.07.2025 Index :

Yes/No Yes/No sasi

To:

1. The Commissioner Greater Chennai Corporation, Rippon Building, Chennai-600 003.

2. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irvin Road, Egmore Chennai - 600008.

3. The Zonal Executive Engineer (Zone VIII) Greater Chennai Corporation II Cross Street, East Pulla Avenue Shenoy Nagar, Chennai - 600030.

4. The Inspector of Police MMDA, Arumbakkam Police Station Chennai - 600106

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

(sasi) WP No.10388 of 2025 24.07.2025