R.Sabapathy v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-06-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI R.Sabapathy ..Petitioner(s) Vs
1. The Additional Chief Secretary Housing and Urban Development Secretariat, Chennai.
2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Gandhi Irwin Road Egmore, Chennai 08.
3. The Commissioner Corporation of Chennai Ripon Buildings Chennai.
..Respondent(s) This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to grant Planning Permission vide SBC No. CMDA / PP / NHRB/S / 0031 /2026 dt.09.01.2026 as contemplated under Rule 10 (3) of the Tamilnadu Combined Development and Building Rules 2019.
For Petitioner(s):
S.Thiruvengadam For Respondent(s):
Mr.L.Gokulraj, Government Counsel R1 Mr.Akhil Akbar Ali R2 Mr.E.C.Ramesh R3
ORDER
This petition has been filed seeking a direction to the 2nd respondent to
grant Planning Permission vide SBC No. CMDA / PP / NHRB/S / 0031 /2026 dt.09.01.2026 as contemplated under Rule 10 (3) of the Tamilnadu Combined Development and Building Rules 2019.
2. It is the case of the petitioner that the petitioner is the absolute owner of the property situated at Door No.79/1 & 128 Velachery Main Road and Gulmohar Avenue, Velachery, Chennai. The petitioner applied to the second respondent for planning permission and building permission vide application dated 09.01.2026 along with a prepared by a licensed and registered Engineer. The petitioner voluntarily left 836.31 sq. mtrs of his land for furture road widening purpose. The second respondent, after scrutiny, issued a letter dated 30.01.2026 directing the petitioner to produce certain documents and also directed him to gift the street alignment portion in favour of CMDA. Till date, the competent authority has not initiated any action in pursuant to the proposal for road widening in near future abutting his land.
Since the requirement of the land was not found on any schemes or widening plans, if the petitioner hand over the land by way of gift deed, it will result in great prejudice to the petitioner. Hence, he has filed a writ petition in WP.No.6888/2026 before this Court. This Court was pleased to direct the second respondent to consider the petitioner's application without insisting to execute a gift deed by an order dated 24.04.2026. Though the said order was passed, the second respondent did not consider the petitioner's application and not taken any action.
petitioner has also sent a representation on 06.05.2026 to the second respondent but no action has been taken till date. Therefore, the petitioner has filed the present writ petition with the above said prayer.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.
4. The learned Government Counsel appearing for the respondents submitted that the representation will be considered and orders will be passed within the stipulated time as fixed by this Court.
5. Heard the learned counsel for both side and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the second respondent to consider and pass orders on the petitioner's representation dated 06.05.2026 within a period of four weeks from the date of receipt of a copy of this order.
M.DHANDAPANI, J.
rli
7. With the above directions, the writ petition is disposed of. No costs. 18-06-2026 Index: Yes/No Speaking/Non-speaking order rli To
1. The Additional Chief Secretary Housing and Urban Development Secretariat Chennai.
2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Gandhi Irwin Road Egmore, Chennai 08.
3. The Commissioner Corporation of Chennai Ripon Buildings Chennai.