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Madras High CourtWP/21469/2025disposed of

Roshan Dominic Jude Rayen v. The Member Secretary

2025-06-18Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 21469 of 2025 and W.M.P.No.24253 of 2025

1. Roshan Dominic Jude Rayen S/o. Francis Joseph Rayen, Flat No.1, Redbrick Leela Apartment, Old No.36, New No.30, Tank Bund Road, Nungambakkam, Chennai-34 2.Mrs. Lourdes Joavani W/o. Roshan Dominic Jude Rayen, Flat No.2, Redbrick Leela Apartment, Old No.36, New No.30, Tank Bund Road, Nungambakkam, Chennai-34.

Petitioner(s) Vs

1. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, Egmore, Chennai-600 008.

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 the respondent to dispose of the Petitioners' representation dated 30.05.2025 and to change the usage to that of residential cum clinic usage since the same does not require any conversion and thereby allow him to continue his dental practice in Flat No.1 and 2 Redbrick Leela Apartment, Old No.36, New No.30, Ground Floor, Tank Bund Road, Nungambakkam, Chennai-34.

For Petitioner(s):

Mr.S. Haja Mohideen Gisthi For Respondent(s):

Mr.Akhil Akbar Ali Standing Counsel

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondent to dispose of the petitioners' representation dated 30.05.2025.

2. The learned counsel appearing for the petitioner submitted that the petitioners have made a representation on 30.05.2025 before the respondent to change the usage to that of residential-cum-clinic usage since the same does not require any conversion and thereby, allow him to continue his dental practice in Flat No.1 and 2 Redbrick Leela Apartment, Old No.36, New No.30, Ground Floor, Tank Bund Road, Nungambakkam, Chennai-34, but, the respondent has not considered the same till date. Hence, the present Writ Petition is filed.

3. Heard the learned counsel appearing for the petitioner and Mr.Akhil Akbar Ali, learned Standing Counsel appearing for the respondent.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court directs the respondent/Member Secretary, Chennai Metropolitan Development Authority, Chennai, to consider the petitioners' representation dated 30.05.2025 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioners and also affording them an opportunity of personal hearing, within a period of eight

(8) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 18-06-2025 ASI To The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai, Egmore, Chennai-600 008.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI and W.M.P.No.24253 of 2025 18-06-2025