A.Muneer Ahamed v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 24863 of 2025

1. A.Muneer Ahamed S/o. Ajaz Ahamed, No. 21/8, Habibullah Sahib Street, Triplicane, Chennai 600 005.

Petitioner(s) Vs

1. State Of Tamil Nadu, Rep. By Its Secretary, Housing And Urban Development Department, Fort St. George, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai 600 008.

4.The Executive Engineer, Zone 9, Greater Chennai Corporation, Nungambakkam, Chennai 600 034.

5.The Assistant Engineer, Ward No. 114, Zone 9, Greater Chennai Corporation, Arunachalam Street, Chennai 600 005.

6.Fathima Shahul Hameed, W/o. Shahul Hameed, No. 13, 80th Street, Ashok Nagar, Chennai 600 083.

7.M/s.Metro Paper Mart, Shop No. 5, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

8.M/s. Dulhan Singar Store, Shop No. 4, Door No. 18, New No 37triplicane High Road, Chennai 600 005.

9.M/s. Siddique Sha Medicals, Shop No. 5, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

10.Hotel Bilal Biryani, Shop No. 2, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

11.Ambika Tea Stall, Shop No. 1, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

12.M/s. Faarzi Brothers, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

13.M/s. Shabath Graphics, First Floor, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

14.M/s. Popular Tailors, Second Floor, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

15.M/s. Rk Photos, Second Floor, Door No. 18, New No 37, Triplicane High Road, Chennai 600 005.

16.Sunprocess , 2ndfloor , No. 18, New No 37, Triplicane High Road, Chennai 600 005.

17.M/s. Mani Graphics, 2nd Floor Part, 3rd And 4th Floor, No.

18, New No 37, Triplicane High Road, Chennai 600 005 Respondent(s) PRAYER : Writ petition filed under Article 226 of Constitution of India to issue writ of mandamus, directing the Respondents 1 to 5 to demolish the illegal and unauthorized construction put up in R.S.No. 2936/29, Triplicane Village, bearing Old Door No. 18, New Door No. 37, Triplicane High Road, Chennai 600 005, owned by the 6th Respondent and occupied by the 7th to 17th Respondents as tenants, based on the Complaint preferred by the Petitioner with the 2nd Respondent dated 18.02.2025 and 26.06.2025

For Petitioner(s):

Mr. N.Rajmohan For Respondent(s):

Mr. M.Rajendran, Addl.Govt.Pleader For R1, Mr.D.B.R.Prabhu, Standing. Counsel For R2, 4 and 5.

Mr. Akhil Akbar Ali, For R3.

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed seeking to issue a writ of mandamus, directing the Respondents 1 to 5 to demolish the illegal and unauthorized construction put up in R.S.No. 2936/29, Triplicane Village, bearing Old Door No. 18, New Door No. 37, Triplicane High Road, Chennai 600 005, owned by the 6th Respondent and occupied by the 7th to 17th Respondents as tenants, based on the Complaint preferred by the Petitioner with the 2nd Respondent dated 18.02.2025 and 26.06.2025.

2. It is the case of the petitioner that, the subject matter of the property belonged to the 6th respondent, wherein, an unauthorised building, containing 5 floors was constructed and it was tenanted to various tenants/ respondents 7 to 16. According to the petitioner, the said building was constructed, violating the Tamil Nadu Town and Country Planning Act and the Tamil Nadu Combined Development and Building Rules, 2019 and hence, he made a

complaint before the 2nd respondent on 18.02.2025 and 26.06.2025 to take action. However, it was not considered. Hence the writ petition.

3. Mr. M.M.Rajendran, learned Additional Government Pleader takes notice for the first respondent, Mr.D.B.R.Prabhu, learned Standing Counsel takes notice for the respondents 2, 4 and 5 and Mr.Akhil Akbar Ali, learned counsel takes notice for the third respondent.

4. Considering the limited scope of prayer, without expressing any opinion on merits, we are inclined to dispose of the writ petition by directing the 2nd respondent to consider the representation of the petitioner dated 18.02.2025 and 26.06.2025 and to take enforcement action, if necessary, after affording opportunity of personal hearing to the petitioner as well as the other interested parties, in accordance with law, within a period of twelve weeks from the date of receipt of copy of the order.

5. With the above directions, this writ petition stands allowed. There shall be no order as to costs.

(J.NISHA BANU J.)(M.JOTHIRAMAN J.) 09-07-2025 mst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Secretary, State of Tamil Nadu, Housing And Urban Development Department, Fort St. George, Chennai 600 009.

2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalaimuthu Natarajan Building, No. 1, Gandhi Irwin Road, Egmore, Chennai 600 008.

4.The Executive Engineer, Zone 9, Greater Chennai Corporation, Nungambakkam, Chennai 600 034.

5.The Assistant Engineer, Ward No. 114, Zone 9, Greater Chennai Corporation, Arunachalam Street, Chennai 600 005.

J.NISHA BANU, J.

AND M.JOHIRAMAN, J.

MST W.P.NO.24863 OF 2025 09.07.2025