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Madras High CourtWP/23573/2018disposed of

S.A.Rahman, (Deceased) v. The Commissioner,

2024-01-03Honourable Mr.Justice K.Rajasekar,Honourable Mr Justice S. Vaidyanathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. S.A.Rahman, (Deceased) S/o.Mr.K.Kalasha, Old No.10/135, New No.10/17, 93rd Street, SIDCO Nagar, Villivakkam, Chennai-600 049.

2. Mrs.Hidayathunnisa, W/o.(Late) S.A.Rahman,

3. Mr.S.A.Fayazur Rahman, S/o.(Late) S.A.Rahman,

4. Mrs.S.Mubeen, D/o.(Late) S.A.Rahman, all are residing at Old No.10/135, New No.10/17, 93rd Street, SIDCO Nagar, Villivakkam, Chennai-049.

(P2 to P4 are substituted as LRs of the deceased P1 vide order dt 25/03/2019 made inWMP.No.8974/19 in WP.No.23573/18 by CJ and MDJ) ..Petitioner(s) Vs

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

2. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, No.8, Gandhi-Irwin Road, Chennai-600 008.

3. Dhanasekar, S/o.Kanniappan, 2/70, Seeliya Mudali Street, Pudupet, Chennai-600 002.

4. Kanniappan, 2/70, Seeliya Mudali Street, Pudupet, Chennai-600 002.

5. the zonal officer, Zone -III, Greater Chennai Corporation, Rippon Building, Chennai-003.

(R5 impleaded vide order dt 25/03/2019 made in WMP.No.29800/18 in WP.No.23573/18 by CJ and MDJ)

6. Praveen Kumar No.10/136, 93 Street, Sidco Nagar, Villivakkam, Chennai - 49 (R6impleaded vide order dt.20.08.2019 in WMP.No.11787/2019 WP.No.23573/18 by CJ and MDJ) ..Respondent(s) To direct the 1st and 2nd respondents to take action for demolishing the illegal construction put up over Plot No.136, 93rd Street, SIDCO Nagar, Villivakkam, Chennai-49, by respondents 3&4 to prosecute them for the said illegal construction and to restore it to original position of mandatory side set back of five feet on the southern side of the petitioners property so as to enable the petitioner to enjoy the easmentary rights-free air and light.

For Petitioner(s):

M/S.H.Mohammed Farook For Respondent(s):

Mr.G.T.Subramani, Standing Counsel for GCC for R1 & R5.

Mrs.P.Veena Suresh, Standing Counsel (CMDA) for R2.

No Appearance for R3 & R4.

Mr.T.Muruganantham for R6

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Today, the matter is listed under the caption 'for reporting compliance'.

2. Learned Standing Counsel appearing for the respondents that the order passed by this Court has been complied with.

3. In view of the above submission, no further order is required. (S.M.S.,J.) (C.K.,J.) 17-02-2026 VSI

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

VSI 17-02-2026