C.Hariharan v. The Commissioner
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 24932 of 2025 C.Hariharan
...Petitioner
..Vs..
1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai-600 003.
2.The Zonal Officer Zone-I, The Greater Chennai Corporation Thiruvotriyur High Road, Thiruvotriyur Chennai-600 019.
3.The Assistant Executive Engineer Zone-I, Division Greater Chennai Corporation Chennai-600019.
4.M.Sasi Kala
...Respondents.
2/6 PRAYER:The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the 2 nd respondent to dispose of the petitioner's representation dated 27.05.2025 under the provisions of the Tamil Nadu Town Country Planning Act, 1971. For Petitioner :
Mr.K.Senthil For R1 to R3 :
Mr.G.T.Subramanian Standing Counsel
ORDER
(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed for a Mandamus directing the 2 nd respondent to dispose of the petitioner's representation dated 27.05.2025 under the provisions of the Tamil Nadu Town Country Planning Act, 1971.
2. It is the case of the petitioner that the 4th respondent owns a vacant land adjacent to the petitioner's residence. In March 2025, the 4th respondent began constructing a residential building on the said land without obtaining prior planning permission from the 2nd respondent. He brought in a JCB machine and dug a hole over 10 feet deep, without taking any safety measures for the excavation. As a result of these actions, the petitioner's house sustained severe damage. Despite causing such damage, the 4th respondent continued the construction work with an ulterior motive and in complete disregard for legal requirements.
3/6 3.Accordingly, the petitioner lodged a complaint before the M8 Santhangadu Police Station, Thiruvotriyur on 17.03.2025, and was issued CSR No.66 of 2025. However, no further action was taken. Subsequently, the petitioner submitted a representation dated 27.05.2025 to the 2nd respondent, requesting appropriate action against the illegal construction. The 2nd respondent has failed to act upon the petitioner's representation. Therefore, the petitioner is constrained to file the present Writ Petition.
4. Heard the learned counsel appearing for the petitioner and Mr.G.T.Subramanian, learned Standing Counsel appearing for the official respondents and perused the materials placed before this Court.
5. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on either side, this Court, without going into the merits of the matter, directs the 2nd respondent to consider the representation of the petitioner dated 27.05.2025 by affording opportunity to the petitioner as well as the private respondent and pass appropriate orders on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
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6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 10.07.2025 uma To
1. The Commissioner Greater Chennai Corporation Ripon Building, Chennai-600 003.
2.The Zonal Officer Zone-I, The Greater Chennai Corporation Thiruvotriyur High Road, Thiruvotriyur Chennai-600 019.
3.The Assistant Executive Engineer Zone-I, Division Greater Chennai Corporation Chennai-600019.
5/6 J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
uma W.P No.24932 of 2025 10.07.2025