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Madras High CourtWP/27129/2025disposed of

Haleema Abdul Rahman v. The Commissioner

2025-07-24Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 27129 of 2025 and WMP No.30430 of 2025

1. Haleema Abdul Rahman W/o. Abdul Rahman, Flat No. 38, J Building, 7th Floor, Konark Campus Society, Viman Nagar, Pune, Maharashtra 411 014 Petitioner(s) Vs

1. The Commissioner Greater Chennai Corporation, Ripon Building, Evr Salai, Chennai 03 2.The Assistant Engineer (division 140) Corporation Of Chennai, 2/12 West Jones Salai, Saidapet Chennai 15 3.The Assistant Executive Engineer Corporation Of Chennai, 2/12 West Jones Salai, Saidapet Chennai 15 4.The Executive Engineer Zone 10 Corporation Of Chennai, 117 Nsk Salai, Kodambakkam Chennai 24 Respondent(s)

PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking issuance of Writ of mandamus to consider the representation dated 13.06.2025 and the building permission approval in BA/ WDCN 10.05564/ 2020 dated 4/01/2021 and forbearing the Respondents 1 to 4 not to take any coercive action against the building and super structure comprising of ground and 2 floor, comprised in Survey Nos. 35 and 35/2 Block 3 situated at Old Door No. 49 New Door No. 61/2A Visaka Garden Street, Saidapet Chennai 15 and grant such other order deem to be fit in the circumstance of the case. For Petitioner(s):

R.Rajarajan For Respondent(s):

Mr.D.B.R.Prabu, Standing Counsel

ORDER

(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed to consider the representation of the petitioner dated 13.06.2025 and also forbearing the Respondents 1 to 4 not to take any coercive action against the building and super structure comprising of ground and 2 floor, comprised in Survey Nos. 35 and 35/2 Block 3 situated at Old Door No. 49 New Door No. 61/2A Visaka Garden Street, Saidapet Chennai 15, considering the approval of building permission granted in BA/ WDCN 10.05564/ 2020 dated 4/01/2021 and

2. It is the case of the petitioner that the petitioner's husband purchased the subject property and after demolition of old structure, he constructed a building, consisting stilt plus two floor, after obtaining planning permission dated 04.01.2021 from the authorities concerned. The petitioner contended that

the property was also assessed with property tax and the same has been paid by the petitioner, without any due. In such circumstances, a show cause notice dated 27.01.2022 and lock and seal notice dated 17.05.2022 were issued. However, upon verification of the approved plan and other documents submitted by the petitioner, the authorities have not taken further action for over three years. Subsequently, in June 2025, the officials of the respondents visited the property and threatened the petitioner that they will seal the property. Even though the petitioner submitted a detailed representation on 13.06.2025, the authorities have continuously threatened the petitioner. Hence the petitioner constrained to file the writ petition.

3. Heard Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for the respondents.

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 respondents to give notice to the petitioner and inspect the property in her presence and point out the deviation, if any, and thereafter, take action, if necessary, in accordance with law. Such exercise shall be completed within a period of twelve weeks from the date of receipt of copy of the order.

5. This writ petition is disposed of accordingly. There shall be no order as to costs. Connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 24-07-2025 MST Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Commissioner Greater Chennai Corporation, Ripon Building, Evr Salai, Chennai 03 2.The Assistant Engineer (division 140) Corporation Of Chennai, 2/12 West Jones Salai, Saidapet Chennai 15 3.The Assistant Executive Engineer Corporation Of Chennai, 2/12 West Jones Salai, Saidapet Chennai 15 4.The Executive Engineer Zone 10 Corporation Of Chennai, 117 Nsk Salai, Kodambakkam Chennai 24

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

MST 24-07-2025