J.Sriram v. The Member Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M. JOTHIRAMAN W.P. No. 25498 of 2025 J.Sriram ..
Petitioner Vs.
1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.
2.The Commissioner, Avadi City Municipal Corporation, Avadi.
3.The Town & Country Planning Officer, Avadi City Municipal Corporation, Avadi, Chennai.
4.The Structural Engineer (Grade-II), Avadi City Municipal Corporation, No.243, N.M.Road, Avadi, Chennai-600 054.
5.Hemamalini 6.Saravana 7.Monica ..
Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of the Writ of Mandamus directing the respondents 1 to 4 to remove the violated portion of the house building without following the building plan approval by the respondents 5 to 7 in S.No.687/3 Part, Plot No.60, situated at Paruthipattu Village, Avadi Taluk, Tiruvallur District, by considering the petitioner's representation dated 13.06.2025, within a stipulated period of time.
For Petitioner M/s.E.Yuvaraj For Respondents Mr.Akhil Akbar Ali, Standing Counsel for R1 Mr.R.A.Gopinath Standing Counsel for R2 to R4
ORDER
(Order of the Court was made by J.NISHA BANU, J.) This Writ Petition is filed for a Mandamus directing the respondents 1 to 4 to remove the violated portion of the house building without following the building plan approval by the respondents 5 to 7 in S.No.687/3 Part, Plot No.60, situated at Paruthipattu Village, Avadi Taluk, Tiruvallur District, by considering the petitioner's representation dated 13.06.2025, within a stipulated period of time.
2. The petitioner is the owner of the land comprised in S.No.687/3 Part, Plot No.59, situated at Paruthipattu Village, Avadi Taluk, Tiruvallur District. According to the petitioner, the respondents 5 to 7, being the adjacent lands owners, started constructing a house building at Plot No.60, Paruthipattu Village, Avadi Taluk, Tiruvallur District without leaving any set back area and
in violation of the building plan approval and in that process, the window slab of the petitioner's building has been used without obtaining the petitioner's approval. In this regard, the petitioner has submitted a representation to the respondents 1 to 4, seeking appropriate action and since the representation of the petitioner did not evoke any kind of response, the petitioner is constrained to file the present writ petition.
3. Heard the learned counsel for the parties and perused the materials available on record.
4. Considering the limited scope of prayer sought for by the petitioner, this Court, without expressing anything on merits, directs the respondents 1 to 4 to consider the representation of the petitioner dated 13.06.2025 by affording opportunity of personal hearing to the petitioner as well as the respondents 5 to 7 and pass 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.
5. The Writ Petition stands disposed of accordingly. No costs. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 15-07-2025 ASI
TO 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.
2.The Commissioner, Avadi City Municipal Corporation, Avadi.
3.The Town & Country Planning Officer, Avadi City Municipal Corporation, Avadi, Chennai.
4.The Structural Engineer (Grade-II), Avadi City Municipal Corporation, No.243, N.M.Road, Avadi, Chennai-600 054.
J.NISHA BANU, J.
AND M.JOTHIRAMAN, J.
ASI W.P. No. 25498 of 2025 15-07-2025