K.Subhash v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 19554 of 2025 and C.M.P.No.21878 of 2025
1. K.Subhash S/o.R.Krishnan, No.7, Devarajan Street, Muthamil Nagar, Pammal Chennai 75.
Petitioner(s) Vs
1. The Commissioner Tambaaram City Municipal Corporation Tambaram.
2.The District Collector, District Collector Office, Chengalpattu.
3.The Executive Engineer, Pammal Municipality Zone, no.2, Opposite Church, Dr.Ambedkar Salai Pozhichalur Main Road, Pammal 600075.
4.The Thasildhar, Apllavaram Taluk Office, Pallavaram.
5.The Revenue Divisional Officer, Pallavaram Taluk Office Pallavaram.
6.Jegan, S/o.Nathan, No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
7.Sathish No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
8.Munniyammal, No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
Respondent(s) PRAYER The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing 1 st and 3 rd respondent to take appropriate action on the petitioner representation dated 07/05/2025 to stop the unauthorized construction and demolish the existing construction in Survey No.156 /7, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, pammal, Chengalpattu District measring 4360 Sq.ft put up by the Respondents 6 to 8.
For Petitioner(s):
Mrs.R.Nirmala Devi
For Respondent(s):
Mr. M.Venkateswaran, Special Government Pleader For R2, R4 and R5 Mr. S.Sivakumar For R6 to R8 R1 and R3 - No appearance
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed to issue a Writ of Mandamus directing st and 3 rd respondent to take appropriate action on the petitioner representation dated 07.05.2025.
2. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents and perused the materials placed before this Court.
3. On a reading of the affidavit filed in support of this petition, it is seen that the dispute is between two individuals and that a Civil Suit has been filed in C.S.No.1050 of 2023 before the District Munsif-cum-Judicial Magistrate, Pallavaram, and the Court below had passed an ex parte decree on 19.03.2024 after giving sufficient opportunity to respondent Nos. 6 and 7.
4. The learned counsel appearing for respondent Nos.6 to 8 submits that they have already filed a petition to set aside the ex parte order.
5. In view of the above, the prayer sought for in this Writ Petition cannot be granted by this Court and hence, the Writ Petition is dismissed. The petitioner and private respondents are at liberty to workout their remedy before the civil forum in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 20-06-2025 ASI To 1.The Commissioner Tambaram City Municipal Corporation Tambaram.
2.The District Collector, District Collector Office, Chengalpattu.
3.The Executive Engineer, Pammal Municipality Zone, no.2, Opposite Church, Dr.Ambedkar Salai Pozhichalur Main Road, Pammal 600075.
4.The Thasildhar, Apllavaram Taluk Office, Pallavaram.
5.The Revenue Divisional Officer, Pallavaram Taluk Office Pallavaram.
6.Jegan, S/o.Nathan, No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
7.Sathish No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
8.Munniyammal, No.20 A, Thiruneermalai Main Road, Fathima Nagar, Kamarajapuram, Pammal, Chennai 600075.
J.NISHA BANU J.
AND M.JOTHIRAMAN J.
ASI W.P. No. 19554 of 2025 and C.M.P.No.21878 of 2025 20-06-2025