M/S. Abhinitha Foundation Private Limited v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE DR JUSTICE G. JAYACHANDRAN AND THE HON'BLE MRS.JUSTICE N. MALA M/s.Abhinitha Foundation Private Limited, Rep. by its Managing Director, V.Doraiswamy.

..Petitioner(s) Vs

1. The Commissioner, Greater Chennai corporation, Ripon building, Chennai- 600001.

2. The Executive Engineer, Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-600020.

3. The Assistant Executive Engineer, Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-600020.

4. The Assistant Engineer, Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-600020

5. K.Saravanan ..Respondent(s)

PRAYER : For a mandamus, directing the respondents 1 to 4 to refrain from taking any coercive action against the petitioner pending enquiry by the 2nd respondent.

For Petitioner(s):

Ms.Nimali for M/S.PVS GIRIDHAR ASSOCIATES For Respondent(s):

Mr.P.Dinesh Kumar, Standing Counsel for R1 to R4

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) This Writ Petition is filed, seeking issuance of a mandamus, directing the respondents 1 to 4 to refrain from taking any coercive action against the petitioner pending enquiry by the second respondent and pass such other appropriate order.

2. The case of the petitioner is that he is a reputed real estate developer from the year 2004 and has developed residential apartments after obtaining building approval in the year 2012. The fifth respondent, due to personal enmity, joined with other flat owners and gave a representation to the official respondents on 01.07.2025 to take action against the petitioner in respect of a portion constructed unauthorisedly. Hence, to pre-empt any action of demolition, the present writ petition is filed.

3. Learned Standing Counsel, appearing for respondents 1 to 4, submits that notice has been issued to the writ petitioner to produce (i) Planning

Permission issued by a competent authority, (ii) Building Permission issued by a competent authority, and (iii) Plan Approval issued by a competent authority, within seven days from the date of receipt of notice, failing which necessary action will be taken under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act,1971.

4. This Writ Petition was filed on 05.05.2026. It appears, on that day only, notice had been issued by the authority, calling upon the petitioner to produce the documents, mentioned supra, which are required to enquire regarding the construction as to whether it was without permission or with deviation of the permission granted. Thus, it is apparent that the writ petition is filed only to pre-empt the action of the authorities, regarding the alleged violation of planning permission.

5. Hence, we dismiss the Writ Petition, with liberty to the petitioner to participate in the enquiry proceedings as called for in the notice, dated 05.05.2026. No costs. Consequently, the connected W.M.P.No.19722 of 2026 is closed.

(G.J.,J.) (N.M.,J.) 05-06-2026 Index: Yes/No Speaking/Non-speaking order DIXIT

To

1. The Commissioner Greater Chennai corporation, Ripon building, Chennai- 01.

2. The Executive Engineer Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-20.

3. The Assistant Executive Engineer Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-20

4. The Assistant Engineer Ward No.170, Zone -13, Greater Chennai Corporation, Kasturba Nagar, Thiruvenkadam Street, Adayar, Chennai-20

DR.G.JAYACHANDRAN, J.

AND N.MALA, J.

DIXIT 05-06-2026