Sri Ganesh Flats Owners Association v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Sri Ganesh Flats Owners Association, Rep. by Secretary V.Radha, W/o.Vimalanathan, 42-A, Ground Floor, Thiruvalluvar Salai, Teynampet, Chennai - 600 018.

... Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Chennai - 600 001.

2.The Zonal Officer, Zone-IX (Teynampet), Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

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

4.The Assistant Engineer, TNEB, Teynampet, Chennai - 600 018.

5.A.Thiruneelam 6.V.Ramesh ... Respondents [R6 impleaded as per order dated 11.03.2024 in WMP.No.5698/2024 in WP.No.29681/2023 by SSSRJ & NSJ] Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3, to demolish the unauthorised construction put up by the 5th respondent situated in Old Door No.42-A, New Door No.117/10, Sri Ganesh Flats, Thiruvalluvar Salai, Teynampet, Chennai - 600 018 in view of show cause notice No.Zone-IX/DN-123/14/2022 dated 12.04.2022. For Petitioner : Mr.R.Venkatesan For R1 & R2 : Mr.D.B.R.Prabhu, Standing Counsel For R3 : Mr.R.Thamaraiselvan, Standing Counsel For R4 : Mr.L.Jaivenkatesh, Standing Counsel For R5 & R6 : No appearance

ORDER

(Order of the Court was made by M.S.RAMESH, J.) The petitioner has given several representations dated 24.01.2021, 02.02.2021 and 18.06.2021 to the respondents 4 & 2 respectively, requesting to take action against the unauthorised construction. Pursuant to the representations, preliminary notice in Notice No: ZONE-IX/DN123/14/2022 dated 12.04.2022 was issued by the Greater Chennai Corporation Zone-IX. Since no further action was taken up by the respondents 1 to 4 pursuant to the aforesaid notice, the present Writ Petition has been filed.

2. Heard the learned counsel for the petitioner, as well as learned Standing Counsel appearing for the respondents 1 to 4. Though notice has been served on 5th respondent through substituted service and his name is also printed in the cause list, none appears on his behalf. There is also no representation on behalf of 6th respondent.

3. It is needless to point out that whenever a representation of this nature is made to an Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents 1 to 4 herein to consider the representations of the petitioner dated 24.01.2021, 02.02.2021 and 18.06.2021, if not already disposed of and pass appropriate orders on merits and in accordance with law, after giving due opportunity to all the interested parties, atleast within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.

5. With the above direction, the Writ Petition stands disposed of. No costs.

[M.S.R, J.] [R.S.V, J.] 24.10.2025 Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Sni To 1.The Commissioner, Corporation of Chennai, Chennai - 600 001.

2.The Zonal Officer, Zone-IX (Teynampet), Corporation of Chennai, No.1, Lake Area 4th Cross Street, Nungambakkam, Chennai - 600 034.

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

4.The Assistant Engineer, TNEB, Teynampet, Chennai - 600 018.

M.S.RAMESH, J.

and R. SAKTHIVEL, J.

Sni 24.10.2025