M.Simon Jeyakumar v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN M.Simon Jeyakumar Son of A.Maria Durairaj ..Petitioner Vs.
1. The Commissioner, Ripon Building, Chennai - 600 003
2. The Superintending Engineer (Buildings) Ripon Building, Chennai - 600 003
3. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.
4. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station road, Napair Park, Chennai - 600 002.
5. The Director of Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
6. The Chairman, Tamil Nadu Electricity Board, Electricity Building, Mount Road, Chennai - 600 002.
7. The Executive Engineer, Zone No.XI Division 155, Ramapuram, Chennai - 600 089.
8. The Chair Person, Tamilnadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.
9. Dr.A.G.Karthikeyan, NRG Speciality Hospital, No.3,/49, Valluvar Salai, Ramapuram, Chennai - 600 089.
10. Mr.Arcot Pramod Roy, Door No.11, Flat No.902, 9th Floor, Block No.B, Vencer Palaine Apartment, Arcot Road, Mathuravayal, Chennai - 600 116.
11. Dr.Jothi Pramoth, Door No.11, Flat No.902, 9th Floor, Block No.B, Vencer Palaine Apartment, Arcot Road, Mathuravayal, Chennai - 600 116.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a Writ of Mandamus to direct the respondents 1 to 8 to consider the petitioner's representation dated 27.03.2025 and to remove the illegal and unauthorised construction put up by respondents 9 to 11 at No.3/49, Valluvar Salai, Ramapuram, Chennai - 600 089 within Zone No.XI Division 155 on merits and in accordance with law and to pass appropriate orders thereon within a reasonable outer time frame to be fixed by this Court.
For Petitioner : Mr.S.Jim Raj Milton For Respondent : Mr.S.Vanitha Jonce Rani for R1, R2 & R7 Mr.Akil Akbar Ali, Standing Counsel for R3 Mr.M.Rajendran, Addl.Government Pleader for R5
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Petition has been filed to direct the respondents 1 to 8 to consider the petitioner's representation dated 27.03.2025 and to remove the illegal and unauthorised construction put up by respondents 9 to 11 at No.3/49, Valluvar Salai, Ramapuram, Chennai - 600 089 within Zone No.XI Division 155 on merits and in accordance with law and to pass appropriate orders thereon within a time frame to be fixed by this Court.
2. The case of the petitioner is that the property situated at
No.3/49, Valluvar Salai, Ramapuram Chennai - 600 089 belonged to Dr.Arcot Pramod Roy and his wife Dr.Jothi Pramoth and the property is classified as 'Prompokku Land' and no patta can be issued to the property. But Mr.Arcot Pramod Roy and his wife had put up an unauthorized structure and had also leased out the premises to Dr.A.G.Karthikeyan for commercial purposes and had converted the building into a Hospital, namely, NRG Speciality Hospital, without following any norms and conditions contemplated under Tamil Nadu Private Clinical Establishments (Regulation) Act, 1997 and the Clinical Establishments (Registration and Regulation) Act, 2010. The petitioner had also sent a representation on 27.03.2025 to the respondents to take appropriate and immediate steps to cease the operation of the said Hospital, and to remove the unauthorised constructions but the respondents did not taken any action. Hence, the present writ petition.
3. Heard the learned counsel for the petitioner,the learned counsel appearing for the 1st, 2nd & 7th respondents, the learned Standing Counsel appearing for the 3rd respondent, the learned Additional Government Pleader appearing for the 5th respondent and perused the materials available on record. Notice to the 4th, 6th & 8th to 11th respondents is not necessary as no adverse order is passed in this writ petition.
4. Considering the limited prayer sought for in this writ petition, we direct the 3rd respondent to consider the representation of the petitioner dated 27.03.2025 and to pass appropriate orders on the same in the manner known to law within a period of twelve weeks, after giving an opportunity of personal hearing to the petitioner as well as the 9th to 11th respondents. Accordingly, the Writ Petition is disposed of. No costs. [J.N.B.,J.][M.J.R.,J.] 06.08.2025 vsi Speaking order/Non-speaking order To
1. The Commissioner, Ripon Building, Chennai - 600 003
2. The Superintending Engineer (Buildings) Ripon Building, Chennai - 600 003
3. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai - 600 008.
4. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station road, Napair Park, Chennai - 600 002.
5. The Director of Fire and Rescue Services, No.17, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.
6. The Chairman, Tamil Nadu Electricity Board, Electricity Building, Mount Road, Chennai - 600 002.
7. The Executive Engineer, Zone No.XI Division 155, Ramapuram, Chennai - 600 089.
8. The Chair Person, Tamilnadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai - 600 032.
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
Vsi 06.08.2025