S.Immanuvel Moses v. The Commissioner Of Greater Chennai Corporation,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No.12211 of 2025 S.Immanuvel Moses Petitioner Vs 1.The Commissioner of Greater Chennai Corporation, Rippon Building, Chennai-600 003.
2.L.Somu Door No.37, Anjugammal Street, Thanithai Periyar Nagar, Taramani, Chennai - 600 113.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1 conduct a thorough inspection of the unauthorised construction put up by the 2 nd respondent in Plot No.100 and 100A bearing Door No.37, Anjugammal Street, Thanthai Periyar Nagar, Taramani, Chennai-600 113 and take appropriate enforcement action thereto in compliance with the directions of this Court in W.P.No.5977 of 2024 in furtherance of the representation of the petitioner's dated 17.10.2024.
For Petitioner Mr.B.Pachaiyappan
For Respondents Mr.D.B.R.Prabhu, Standing Counsel for R1 Mr.R.Thamaraiselvan for R2
ORDER
(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed for a Mandamus directing the 1 conduct a thorough inspection of the unauthorised construction put up by the 2 nd respondent in Plot No.100 and 100A bearing Door No.37, Anjugammal Street, Thanthai Periyar Nagar, Taramani, Chennai-600 113 and take appropriate enforcement action thereto in compliance with the directions of this Court in W.P.No.5977 of 2024 in furtherance of the representation of the petitioner's dated 17.10.2024.
2. According to the petitioner, he is running a business entity, namely M/s.Immanuvel Traders, engaged in the supply of various building materials such as cement, sand etc., and the 2 nd respondent has unauthorisedly constructed a building without obtaining necessary approvals from the 1 st respondent. When the petitioner enquired about the same, in order to wreak vengeance, the 2 nd respondent filed a writ petition in W.P.No.5977 of 2024, in which this Court had directed the petitioner to implement specific measures to mitigate dust pollution and thereafter, vide order dated 02.08.2024, this Court closed the writ petition by directing the 1 st respondent to take necessary enforcement action against the 2 nd respondent's unauthorised construction in
accordance with law. The petitioner also sent a representation dated 17.10.2024 to the 1 st respondent to conduct inspection of the unauthorised construction put up by the 2 nd respondent and since there is no action taken on the part of the 1 st respondent, the petitioner has filed the instant writ petition.
3. Heard the learned counsel for the parties.
4. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on either side, this Court, without going into the merits of the matter, directs the 1 consider the representation of the petitioner dated 17.10.2024 by affording opportunity to the petitioner as well as the 2nd respondent and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5. The Writ Petition stands disposed of with the above directions. No costs.
(J.NISHA BANU, J.) (M.JOTHIRAMAN, J.) 08-07-2025 ASI
To
1. The Commissioner of Greater Chennai Corporation, Rippon Building, Chennai-600 003.
2. L.Somu Door No.37, Anjugammal Street, Thanithai Periyar Nagar, Taramani, Chennai - 600 113.
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
ASI W.P.No.12211 of 2025 08-07-2025