Anil Kumar Ojha v. The Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.20463 of 2025 Anil Kumar Ojha, S/o Late Shri Sohanlalji Ojha
...Petitioner
Vs.
1. The Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
3. The Zonal Executive Engineer (Zone-VIII), Door No.368, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.
4. Sunil Nahar, Prathamesh Apartment, Flat No.GB, Old No.2, New No.5, Lakshmi Street, Kilpauk, Chennai - 600 010.
... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the 1 to 3 respondent to take actions on the petitioner's complaint dated 29.04.2025 and remove the unauthorized constructions made by the 4th respondent in the common
area and parking area which is morefully described in the schedule mentioned property within the time stipulated by this Court. For Petitioner : Mr.G.Uma Maheswari For Respondents : Mr.Akil Abbar Ali for R1 Mr.D.B.R.Prabu, Standing Counsel for R2
ORDER
This writ petition has been filed to direct the 1st to 3rd respondents to take action on the petitioner's complaint dated 29.04.2025 and remove the unauthorized constructions made by the 4th respondent in the common area and parking area which is morefully described in the schedule mentioned property within the time stipulated by this Court.
2. The case of the petitioner is that he is residing in Prathamesh Apartment since 1999. The apartment contains 8 flats and there are 3 floors. The 4th respondent purchased a flat in the ground floor in the said apartment in the year 2022 and has illegally constructed a bathroom in the backside (southern side) of the Apartment and also has constructed an unauthorized staircase along with wooden door on the eastern side of the apartment which is a common area. The petitioner had given several complaints to the 1st and 2nd respondents, but so far, no action was taken as against the 4th respondent. The last complaint was sent by the petitioner to the 2nd respondent on 29.04.2024. Since no action was taken,
the present writ petition has been filed.
3. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st and 2nd respondents and perused the materials available on record.
4. Considering the submissions made by the learned counsel for the petitioner, we are of the opinion that it would be suffice if the 2nd respondent is directed to dispose of the complaint of the petitioner dated 29.04.2025. Accordingly, without going into the merits of the claim made by the petitioner in the writ petition, we direct the 2nd respondent to consider the petitioner's complaint dated 29.04.2025 and pass orders on the same on merits and in accordance with law, after giving opportunity to the petitioner as well as the 4th respondent and to take appropriate action in the manner known to law within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.
[J.N.B.,J.] [M.J.R.,J.] 10.06.2025 vsi Speaking order/Non-speaking order
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
vsi To
1. The Chennai Metropolitan Development Authority, Thalamuthu - Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
3. The Zonal Executive Engineer (Zone-VIII), Door No.368, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.
10.06.2025