Agk Hotels International Private Limited v. S.Sumathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND WP NO. 19988 OF 2026

1. AGK Hotels International Private Limited Rep. by its Authorised Signatory, 1st Main Road, CIT Colony, Mylapore, Chennai - 600 004.

2. Krishna Constructions Rep. by its Managing Partner Mr.E.Krishna Reddy, No.270-274, Krishna Court, R.K.Mutt Road, Mylapore, Chennai - 600 004.

..Petitioner(s) Vs

1. S.Sumathi

2. S.Santhanam

3. The Member Secretary Chennai Metropolitan Development Authority (CMDA), Egmore, Chennai - 600 008.

4. Commissioner, Corporation of Chennai, Ripon Building, Poonamallee High Road, Chennai - 600 003.

..Respondent(s) WP No. 19988 of 2026

1. S.Sumathi

2. S.Santhanam ..Petitioner(s) __________Page 1 of 5

Vs

1. The Member Secretary Chennai Metropolitan Development Authority (CMDA), Egmore, Chennai - 600 008.

2. Commissioner, Corporation of Chennai, Ripon Building, Poonamallee High Road, Chennai - 600 003.

3. AGK Hotels International Private Limited Rep. by its Authorised Signatory, 1st Main Road, CIT Colony, Mylapore, Chennai - 600 004.

4. Krishna Constructions Rep. by its Managing Partner Mr.E.Krishna Reddy, No.270-274, Krishna Court, R.K.Mutt Road, Mylapore, Chennai - 600 004.

..Respondent(s) To recall the order dated 20.05.2026 passed in WP.No. 19988 of 2026 and WMP.No. 21354 of 2026 and consequently restore the said WP.No. 19988 of 2026 and WMP.No. 21354 of 2026 unto the file of this Honble Court thereby affording an opportunity to the petitioner / 3rd and 4th respondents to contest the same on merits.

WP No. 19988 of 2026 Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first and second respondent to cancel the Planning Permission and Building Approval of the 3rd respondent property comprised in Block No.192, Ward 1, Velachery (Part 2) Town, Velachery Taluk, T.S.No.8, Old S.No.332/9PT by considering the petitioner's representation dated 11.04.2026 within the time stipulated by this Hon'ble __________Page 2 of 5

Court.

For Petitioner(s):

Mr.Anish Gopi for M/s.P.B.Ramanujam Associates For Respondent(s):

Mr.B.Vijay for R1 and R2

ORDER

This petition has been filed to recall the order dated 20.05.2026 passed in W.P.No.19988 of 2026.

2.The order that is sought to be recalled, in my view, does not really prejudice the recall petitioners in any way. I have not gone into the merits of the matter at all. The 1st respondent, before disposing of the representation given by the writ petitioner, shall hear the recall petitioners. The recall petitioners will also be given an opportunity of personal hearing. A proper enquiry shall be held. The recall petitioners also specifically submit that they had already filed a comprehensive civil suit, in which, the writ petitioner has been shown as a defendant. The learned counsel for the recall petitioners would allege that only to get away from the consequences of the suit proceedings, the writ petition had been filed. All the contentions of the writ petitioner shall be duly taken note of and considered by the authority. A speaking order shall be passed. I once again clarify that I have not directed the authority to dispose of __________Page 3 of 5

the representation of the writ petitioner in a particular manner. 3.Accordingly, this recall petition is closed. 29-05-2026 Index: Yes/No Speaking/Non-speaking order MKN To

1. The Member Secretary Chennai Metropolitan Development Authority (CMDA), Egmore, Chennai - 600 008.

2. The Commissioner, Corporation of Chennai, Ripon Building, Poonamallee High Road, Chennai - 600 003.

__________Page 4 of 5

G.R.SWAMINATHAN J.

MKN AND WP NO. 19988 OF 2026 29-05-2026 __________Page 5 of 5