T. Wilson Thomas v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN T.Wilson Thomas ... Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai - 600 003.

2. The Zonal Officer, Greater Chennai Corporation, No.536, Chennai-Thiruvallur Highway Road, Chennai-600 053.

3. The Executive Engineer, Greater Chennai Corporation, No.536, Chennai-Thiruvallur Highway Road, Ambattur (Opp. Dunlop), Chennai-600 053.

4. M/s.SRK Restaurant Private Limited, Rep. by its Managing Director, Mrs.S.Vanithakumari, Plot No.1/6 & 1/7, Bazaar Road (Opp. to MMM Hospital), Moggapair East, Chennai - 600 037.

... Respondents 1/4

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 consider the petitioner's representation dated 14.05.2025 and consequently, direct the respondents 1 to 3 to stop the illegal construction work at Plot No.1/6 & 1/7, Bazaar Road (Opp. to MMM Hospital), Mogappair East, Chennai-600 037.

For Petitioner : Mr.M.Shreedhar For R1 to R3 : Mr.D.B.R.Prabu, Standing Counsel For R4 : Mr.A.Rajendran *****

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 consider the petitioner's representation dated 14.05.2025 and consequently, direct the respondents 1 to 3 to stop the illegal construction work at Plot No.1/6 & 1/7, Bazaar Road (Opp. to MMM Hospital), Mogappair East, Chennai.

2. When the matter is taken up for hearing, learned Standing Counsel appearing for R1 to R3 has invited our attention to the Status Report dated 16.06.2025, wherein it has been stated as follows: "3. I respectfully submit that based on the complaint 2/4

received from the petitioner the building at Plot No.1/6 & 1/7, Bazaar Road (Opp. to MMM Hospital), Mogappair East, Chennai-600 037, was inspected by the officials of Greater Chennai Corporation and immediately after inspecting the buildings action had been taken by issuing a Notice for Production of Documents dated 04.06.2025 to the owner/developer of the building in question viz., to the petitioner herein. Further, a letter dated 05.06.2025 was addressed to the 4th respondent herein stating the issuance of the above notice.

4. I respectfully submit that on receipt of the above notice the petitioner herein has submitted the documents with respect to the building in question. I further submit that further action has been taken by issuing a Notice for Inspection dated 11.06.2025 was issued to the owner/occupier of the building in question.

5. I respectfully submit that the above said building was inspected and deviation is found. Action will be taken as per the provisions of Tamil Nadu Town and Country Planning Act, 1971."

3. Learned Standing Counsel has stated that pursuant to the deviation found in the construction made by the 4th respondent, the Chennai Corporation has decided to initiate action against the 4th respondent under the provisions of the Tamil Nadu Town and Country Planning Act, 1971.

4. Recording the statement made by the learned Standing Counsel for R1 to R3, this Writ Petition is disposed of, with a direction to J.NISHA BANU, J.

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AND M.JOTHIRAMAN , J.

ar the respondents 1 to 3 to take action in accordance with law, by giving an opportunity of personal hearing to the petitioner and R4 and thereafter, bring the issue to its logical conclusion, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. (J.N.B.J.,) (M.J.R,J.,) 07.08.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai - 600 003.

2. The Zonal Officer, Greater Chennai Corporation, No.536, Chennai-Thiruvallur Highway Road, Chennai-600 053.

3. The Executive Engineer, Greater Chennai Corporation, No.536, Chennai-Thiruvallur Highway Road, Ambattur (Opp. Dunlop), Chennai-600 053.

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