Mj Sankar v. Chief Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN MJ Sankar ... Petitioner -vs1. Chief Commissioner, Greater Chennai Corporation, Rippon Building, EVR Periyar Salai, Chennai-600 001.
2. The Executive Engineer, Greater Chennai Corporation, No.61, Basin Bridge Road, Chidhambaram Nagar, Mint, Chennai-600 021.
3. The Additional Chief Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
4. Body Story Studios, Rep. by its Authorised Representative, No.72/2, Jermiah Road, Vepery, Chennai-600 007.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to 1/6
demolish / dismantle the illegal structure present on No.71, Jeremiah Road, Vepery, Chennai-600 007 based on the representation of the petitioner dated 13.03.2025.
For Petitioner : Mr.MJ Sankar Party-in-Person For R1 to R3 : Mr.M.Venkateswaran Spl. Govt. Pleader *****
O R D E R
(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 3 to demolish / dismantle the illegal structure present on No.71, Jeremiah Road, Vepery, Chennai-600 007 based on the representation of the petitioner dated 13.03.2025.
2. Mr.M.Venkateswaran, learned Special Government Pleader takes notice for the respondents 1 to 3. Notice to R4 is dispensed with, as no adverse order is going to be passed against them. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.
3. It is the case of the petitioner / party-in-person that an unauthorized gym had earlier been operated in the area in question and 2/6
based on his complaint, the respondents 1 to 3 had taken action in the year 2019 and locked the premises on the ground that no prior permission was obtained for operating the gym. As per the reply dated 31.05.2021 given under the RTI Act, the area, in which the gym is operated is meant for residential-cum-Consultant Paper Cutting Unit. Though the gym was closed by the respondents 1 to 3, now the same is put to operation under temporary tint sheet construction illegally. In this regard, a representation dated 13.03.2025 was submitted to the respondents 1 to 3 for taking stern action against the 4th respondent, but, however there is no response from the respondents 1 to 3. Hence, the petitioner is before this Court.
4. Learned Special Government Pleader appearing for the respondents 1 to 3 stated that a reasonable time may be granted to the respondents 1 to 3 for considering and passing appropriate orders on the representation of the petitioner.
5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the 3/6
petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 to 3 to consider the representation dated 13.03.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R4 and other parties concerned and thereafter, pass necessary orders. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 03.06.2025 Index: Yes / No Internet: Yes / No ar 4/6
To:
1. The Chief Commissioner, Greater Chennai Corporation, Rippon Building, EVR Periyar Salai, Chennai-600 001.
2. The Executive Engineer, Greater Chennai Corporation, No.61, Basin Bridge Road, Chidhambaram Nagar, Mint, Chennai-600 021.
3. The Additional Chief Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009.
4. The Authorised Representative, Body Story Studios, No.72/2, Jermiah Road, Vepery, Chennai-600 007.
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J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
ar 03.06.2025 6/6