D.Balaji v. 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.21754 of 2025 and W.M.P.No.24533 of 2025 D.Balaji

...Petitioner

Vs.

1. The Commissioner, Tambaram Municipal Corporation, 28, Muthurangam Street, Tambaram West, Chennai - 600 045.

2. Executive Engineer, Zone-5, Tambaram Municipality Corporation, 28, Muthurangam Street, Tambaram West, Chennai - 600 045.

3. Suryakumar

4. Meenakshi ... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the 1st and 2nd respondents to remove the illegal/unauthorized construction made by the 3rd and 4th respondents in the subject property comprised in Plot No.103, Kundalakesi Street, Near Ganesh Nagar Park, Ganesh Nagar, selaiyur, Kancheepuram - 600 073 within the time stipulated by this Court.

For Petitioner : Mr.AR.Balaji

ORDER

(The order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed to direct the 1st and 2nd respondents to remove the illegal/unauthorized construction made by the 3rd and 4th respondents in the subject property comprised in Plot No.103, Kundalakesi Street, Near Ganesh Nagar Park, Ganesh Nagar, Selaiyur, Kancheepuram - 600 073 within the time stipulated by this Court.

2. The case of the petitioner is that the 3rd respondent has violated mandatory set back requirements by constructing a two-storied building right up to the petitioner's southern compound wall effectively trespassing into the petitioner's property and depriving him of ventilation, light and safety. Despite repeated oral and written complaints and representations made to the 1st and 2nd respondents, no action has been taken so far. Hence, the present writ petition has been filed.

2. Heard the learned counsel for the petitioner.

3. Learned counsel for the petitioner would state that the petitioner has also given representation to the 1st respondent in this regard but no action has been taken so far.

4. Considering the submissions made by the learned counsel for the petitioner, we are of the opinion that it would be suffice if the 1st respondent is directed to dispose of the representation of the petitioner

dated 21.04.2025. Accordingly, without going into the merits of the claim made by the petitioner in the writ petition, we direct the 1st respondent to consider the petitioner's representation dated 21.04.2025 and pass orders on the same on merits and in accordance with law, after giving opportunity to the petitioner as well as the 3rd and 4th respondents 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. Consequently, connected miscellaneous petition is closed.

[J.N.B.,J.] [M.J.R.,J.] 20.06.2025 vsi Speaking order/Non-speaking order To

1. The Commissioner, Tambaram Municipal Corporation, 28, Muthurangam Street, Tambaram West, Chennai - 600 045.

2. Executive Engineer, Zone-5, Tambaram Municipality Corporation, 28, Muthurangam Street, Tambaram West, Chennai - 600 045.

J.NISHA BANU,J.

AND

M.JOTHIRAMAN,J.

vsi 20.06.2025