Parsn Manere Welfare Society v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN WP No.22015 of 2025 and WMP No. 24751 of 2025 M/s. Parsn Manere Welfare Society Rep. By its Secretary, No.35-A, Ground Floor, New No.442, Old No.602, Anna Salai, Chennai - 600 006.
.. Petitioner vs 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai.
2.The Member Secretary, The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Thasildar, No.28, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.
4.LIC Housing Finance Limited,
Rep. By its Authorized Officer, M.Kathiresan, Block No.C, Harington Chambers, No.30/1A, Abdul Razak, 1st Street, Saidapet, Chennai - 600 015.
5.M/s Gemini Picture Circuit (P) Ltd., Rep. By Mr.P. Shyamm Kumar (Director) Plot No.B-60-63, Pipdic Industrial Estate, Mettupalayam, Pondicherry - 605 009, Also at No.601, Anna Salai Chennai - 600 006.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 to demolish the superstructure along with generator room put up by the 5th respondent at Door No.602, Anna Salai, Chennai - 600 006 facing on the southern side of the building and northern side of the Anna Fly Over measuring approximately 2.25 grounds of Parsn Manere and allow the said land to be used as barren land without permitting to put up any superstructures therein by the 4th and 5th respondents herein.
For Petitioner :
Ms.R.Aparna For Respondents :
Mr.DBR Prabhu Standing Counsel for R1 Mr.J.Abdul Kareem for Mr.Akhil Akbar Ali Standing Counsel for R2
Mr.M.Habeeb Rahman Government Advocate for R3 Mr.T.K.Saravanan Additional Government Pleader for Mr.Sanjay Nikash for R4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) This PIL has been filed alleging illegal construction made by the private respondent Nos.4 and 5 and inaction on the part of the respondent authorities in taking action despite complaint made. 2.
What now transpires from the notice dated 09.10.2025 of the second respondent is that proceedings have already been initiated against private respondents towards demolition of unauthorised construction. The contents of the notice, placed for our perusal, show that the private respondents have been put to notice to restore the building within a stipulated time, making it clear that in default, appropriate action would be taken.
3.
The notice which has been issued shows that the respondent authorities have taken action in the matter.
4.
The prayer of learned counsel for the petitioner that instead of private respondents, petitioner should be allowed to demolish the construction, cannot be allowed as this amounts to taking law into its own hands. Any action can be taken only by the authorities empowered under law. Such prayer cannot be allowed and is, therefore, rejected.
5.
The authorities shall conclude the proceedings by taking appropriate action in case the private respondents do not act according to notices within stipulated time.
6.
Writ petition stands disposed of accordingly. No costs. Connected miscellaneous petition is closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 25.10.2025 Index :
Yes/No :
Yes/No ssm
To:
1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai.
2.The Member Secretary, The Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Thasildar, No.28, Greenways Road, Raja Annamalaipuram, Chennai - 600 028.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
ssm WP No.
22015 of 2025 25.10.2025