C.Raja v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN C.Raja : Petitioner versus 1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003 2.The Executive Engineer Zone 07, Greater Chennai Corporation, Ambattur, Chennai 600 053 3.The Assistant Executive Engineer Unit 19, Greater Chennai Corporation, Ambattur Chennai 600 053 4.The Assistant Engineer Division 084, Greater Chennai Corporation Ambattur, Chennai 600 053 5.The Chennai Metropolitan Development Authority Rep. By Its Member Secretary, Egmore, Chennai 600 008 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to the Impugned De-Occupation notice dated 10.05.2025 in Letter No.Z-7/Div84/016/2022 and its consequent Notice of affixture dated 13.08.2025, issued by respondents 2 to 4 and quash the same and consequentially direct the respondents to pass any conditional / appropriate orders on the application vide Receipt No.CMDA/Reg - 113C/2535/2022 dated 15.03.2022 issued by the 5th respondent which is now pending for consideration before the 5th respondent. For Petitioner :
Mr.M.L.Joseph For Respondents :
Mr.A.Arun Babu, Standing counsel, for respondents 1 to 4 Ms.P.Veena Suresh, Standing counsel, for respondent No.5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel on either side.
2. Learned counsel for the petitioner would submit that, the respondent authorities, without taking into consideration various submissions and documents furnished before them from time to time, have now issued a notice dated 13.08.2025, directing demolition on 19.08.2025.
3. The records reveal that ever since the year 2022, various notices were being issued to the petitioner, against which no remedy was taken, which culminated in passing a de-occupation notice on 10.05.2025. Even at that point of time, the petitioner did not take any remedy against the said notice but kept on making applications.
4. The petitioner, though had the remedy of filing a statutory revision before the revisional authority against orders and proceedings which were drawn since 2022, slept over the matter and has rushed to this Court only when all those proceedings have remained unchallenged, which culminated in notice dated 13.08.2025.
5. In the absence of any challenge to those notices by taking recourse to the statutory remedy available under the law, we are not inclined to grant any indulgence to the petitioner.
6. It is also relevant to mention that the notice dated 13.08.2025 itself refers to various notices which were being issued to the petitioner since 10.05.2025. Therefore, the petition stands dismissed.
There will be no order as to costs. Consequently, WMP Nos.35444 and 35447 of 2025 are closed.
7. However, taking into consideration the human aspect, we only observe that the petitioner may be granted at least three days' time to remove the belongings.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 20.08.2025 Index : Yes/No : Yes/No tar
To 1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003 2.The Executive Engineer Zone 07, Greater Chennai Corporation, Ambattur, Chennai 600 053 3.The Assistant Executive Engineer Unit 19, Greater Chennai Corporation, Ambattur Chennai 600 053 4.The Assistant Engineer Division 084, Greater Chennai Corporation Ambattur, Chennai 600 053 5.The Member Secretary, Chennai Metropolitan Development Authority Egmore, Chennai 600 008
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.
(tar) 20.08.2025