K.Saravanan v. The Chennai Metropolitan Development Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.22123 of 2025 and W.M.P.No.24891 of 2025 K.Saravanan ... Petitioner -vs1. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.

2. St. Thomas Mount Panchayat Union, Rep. by The Commissioner, St.Thomas Mount, Chengalpattu District.

3. Agaramthen First Grade Panchayat, Rep. by its President, Agaramthen, Chennai-126.

4. Mr.Viswanathan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the 4th respondent and consequently, to remove the unauthorised construction put up by the 4th respondent in S.No.179 at 1/6

Agaram Village, Chengalpattu District, based on the complaint of the petitioner dated 04.02.2025.

For Petitioner : Mr.K.Selvaraj For R1 : Mr.Akhil Akbar Ali Standing Counsel For R2 & R3 : Mrs.K.Vasanthamala Govt. Advocate *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 3 to take appropriate action against the 4th respondent and consequently, to remove the unauthorised construction put up by the 4th respondent in S.No.179 at Agaram Village, Chengalpattu District, based on the complaint of the petitioner dated 04.02.2025.

2. Mr.Akhil Akbar Ali, learned Standing Counsel takes notice for R1. Mrs.K.Vasanthamala, learned Government Advocate takes notice for R2 & R3. Notice to R4 is dispensed with, as no adverse order is going to be passed against him. By consent, the Writ Petition itself is taken up for final disposal at the admission stage.

3. It is the case of the petitioner that the 4th respondent has put 2/6

up an unauthorized construction, showing the land of the petitioner in S.No.182 as pathway to his apartment. The petitioner has given a complaint dated 04.02.2025 to the 2nd respondent, followed by another complaint dated 27.03.2025 to the 1st respondent. Though the 1st respondent has forwarded the complaint dated 27.03.2025 to the 2nd respondent for suitable action, no action has been taken so far. Hence, the petitioner is before this Court.

4. Though the petitioner has come out with a larger prayer, the learned counsel for the petitioner would submit that it would suffice, if the respondents 1 to 3 are directed to consider the representation of the petitioner dated 04.02.2025.

5. Learned Government Advocate appearing for the respondents 2 & 3 stated that the 2nd respondent is the competent authority to look into the issue of the petitioner and a reasonable time may be granted to the 2nd respondent for considering and passing appropriate orders on the representation of the petitioner.

6. Considering the facts and circumstances of the case and also 3/6

the submission of the counsel for the petitioner, we deem it fit that it would suffice to direct the 2nd respondent to consider the complaints of the petitioner dated 04.02.2025 and 27.03.2025. Accordingly, this Court, without expressing any opinion on the merits of the matter, directs the 2nd respondent to consider the complaints dated 04.02.2025 and 27.03.205 of the petitioner, by giving an opportunity of personal hearing to the petitioner, R4 and other parties concerned and thereafter, pass necessary orders. Such an exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 23.06.2025 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 4/6

To:

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

2. The Commissioner, St.Thomas Mount Panchayat Union, St.Thomas Mount, Chengalpattu District.

3. The President, Agaramthen First Grade Panchayat, Agaramthen, Chennai-126.

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J.NISHA BANU, J.

AND M.JOTHIRAMAN , J.

ar 23.06.2025 6/6