Kings Matriculation Higher v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.27814 of 2025 Kings Matriculation Higher Secondary School, Run by Baby Kings Educational and Charitable Trust, rep. by its Chairman and Trustee, P.Praveen Kumar, No.85, Villivakkam Road, Kalpalayam Kolathur, Chennai - 600 099.
..Petitioner Vs.
1. The State of Tamil Nadu, represented by its Additional Secretary (Technical) Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Chennai - 600 003.
3. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
4. The Executive Engineer, Zone-3, Greater Chennai Corporation, 8th Street, F-Block,Thanikachalam Nagar, Chennai - 600 110 ..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to permit the petitioner to carry out demolishing/alteration work to remove the unauthorized construction in the building situated at No.85, Villivakkam Road, Vinayagapuram, Chennai - 600 099 to bring the building in line with the planning permission dated 31.05.2007 within a time frame fixed by this Court.
For Petitioner : Mr.Sarath Chandran For Respondents : Mr.M.Venkateswaran,Spl.G.P. for R1 Mr.Akhil Akbar Ali for R2 Mr.D.B.R.Prabu, Standing Counsel for R3 & R4
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed seeking to issue a Writ of Mandamus to direct the respondents to permit the petitioner to carry out demolishing/alteration work to remove the unauthorized construction in the building situated at No.85, Villivakkam Road, Vinayagapuram, Chennai - 600 099 to bring the building in line with the planning permission dated 31.05.2007 within a time frame fixed by this Court.
2. Learned counsel for the petitioner would state that they are willing to bring the building as per the approved plan.
3. Learned Standing Counsel appearing for the respondents would
state that though the petitioner got permission for construction of building for 293 sq.meter i.e., more than 3000 sq.feet, they have constructed the building for 2017 sq.meter i.e., more than 20,000 sq.ft.
4. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the 1st respondent, the learned Standing Counsels appearing for the 2nd to 5th respondents and perused the materials available on records.
5. Considering the submission made by the learned counsel for the petitioner that they would bring the building as per the approved plan, we direct the petitioner to do so within a period of twelve weeks from today. If the building is not brought in accordance with the approved plan within the period stipulated above, the respondents are directed to take action and seal the premises. Accordingly, the Writ Petition is disposed of. No costs.
Post the matter 'for reporting compliance' on 22.10.2025. [J.N.B.,J.][M.J.R.,J.] 28.07.2025 vsi Speaking order/Non-speaking order
To
1. The State of Tamil Nadu, represented by its Additional Secretary (Technical) Housing and Urban Development Department, Fort St.George, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Chennai - 600 003.
3. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.
4. The Executive Engineer, Zone-3, Greater Chennai Corporation, 8th Street, F-Block,Thanikachalam Nagar, Chennai - 600 110 J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
Vsi W.P.No.27814 of 2025 28.07.2025