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Madras High CourtWP/24911/2025disposed of

T.S.Balaji v. The Commissioenr Of Greater Chennai Corporation

2025-07-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

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. 24911 of 2025 T.S.Balaj Petitioner Vs.

1.The Commissioner of Greater Chennai Corporation, O/o Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2. The Zonal Officer, Zone-VII (Ambattur), Greater Chennai Corporation, Thiruvallur High Road, Ambattur, Chennai 600 053.

3. The Assistant Engineer, Ward 82, Greater Chennai Corporation, Tiruvallur High Road, Ambattur, Chennai 600 053.

4. M/s Viveka Landscape Architects, rep. by its Proprietor Mr.P.Muthukrishnan, S/o Mr.N.Ponmani, having office at No.5,/1033, Burma Colony, 1st Main Road, 1st Floor, Perungudi, Chennai 600 096.

Respondents PRAYER Writ petition filed under Article 226 of Constitution of India to issue writ of mandamus, directing the respondents 1 to 3 to consider the petitioner' complaint dated 16.12.2024 bearing complaint No.2024-156 CNP and to take immediate an appropriate enforcement action against the 4th respondent for unauthorized construction carried out by the 4th respondent on plots No.22, 23

and 28 in S.Nos.787/1A2 and 1A1B in Sree Senthil Murugan Nagar, Pattaravakkam Service Road, Kallikuppam, Ambattur, Chennai 600 053, in accordance with law, within a time frame as stipulated by this court. For Petitioner(s):

Mr.B.Pachaiyappan For Respondent(s):

Mr.E.C.Ramesh Standing Counsel For R1 toR3 -------

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed to direct the respondents 1 to 3 to consider the petitioner's complaint dated 16.12.2024 and to take immediate appropriate enforcement action against the unauthorized construction carried out by 4th respondent in plots No.22, 23 and 28 in S.Nos.787/1A2 and 1A1B in Sree Senthil Murugan Nagar, Pattaravakkam Service Road, Kallikuppam, Ambattur, Chennai 600 053, in accordance with law, within a time frame as stipulated by this court.

2. It is the case of the petitioner that, he is owner of the property in plot No.22, 23 and 28 in S.Nos.787/1A2, 1A1 B in Sree Senthil Murugan Nagar, Kallikuppam, Ambatur, Chennai and he entered into a joint developers agreement with the 4th respondent for the development of the said property as a " Food Street " for commercial purpose. Further, as per the agreement, the 4th

respondent shall obtain all necessary approvals, building plan sanctions, permits and licenses from the respondents 1 to 3 and any other statutory authorities. The 4th respondent commenced construction on the said property. When the petitioner demanded the copies of the requisite building plan and approvals, etc., the 4th respondent failed to furnish the same. Upon verification with the official, the petitioner came to know that the 4th respondent carried out the construction, without obtaining necessary approvals from the authorities concerned, contrary to the building regulations. The petitioner filed an on-line complaint through Greater Chennai Corporation's website on 16.12.2024 to take action. However, it was not considered. Hence the writ petition.

3. Mr. E.C.Ramesh, learned Standing Counsel takes notice for the respondents 1 to 3.

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 first respondent to consider the representation of the petitioner dated 16.12.2024 and to take enforcement action, after affording opportunity of personal hearing to the petitioner as well as the other interested parties, in accordance with law, within a period of eight 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 Commissioner of Greater Chennai Corporation, O/o Greater Chennai Corporation, Ripon Building, Chennai 600 003.

2. The Zonal Officer, Zone-VII (Ambattur), Greater Chennai Corporation, Thiruvallur High Road, Ambattur, Chennai 600 053.

3. The Assistant Engineer, Ward 82, Greater Chennai Corporation, Tiruvallur High Road, Ambattur, Chennai 600 053.

4. M/s Viveka Landscape Architects, rep. by its Proprietor Mr.P.Muthukrishnan, S/o Mr.N.Ponmani, having office at No.5,/1033, Burma Colony, 1st Main Road, 1st Floor, Perungudi, Chennai 600 096.

J.NISHA BANU, J.

AND M.JOHIRAMAN, J.

MST W.P.NO.24911 OF 2025 09.07.2025