Mukesh Kumar Chaudhari v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.37678 & 37679 of 2025

1. Mukesh Kumar Chaudhari

2. P.Mahavir Raj Chaudhari ..

Petitioners Vs.

1. The Principal Secretary to Government Housing & Urban Development Department Fort St. George, Chennai 600 009.

2. The Chennai Metropolitan Development Authority Rep. by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Greater Chennai Corporation Rep. by its Commissioner Ripon Buildings Chennai 600 003.

4. The Executive Engineer Division V, Greater Chennai Corporation No.61, Basin Bridge Road Old Washermenpet, Chennai 600 021.

5. M/s. Euro Architrade Pvt. Ltd.

Rep. by its Managing Director Pradeep Kumar Mohta No.146, Sydenhams Road Opp. Nehru Indoor Stadium Periamet, Chennai 600 003.

..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the entire records on the file of the 3rd and 4th respondent herein in respect of the order passed Zone-V/C.No/3800/2025 dated ..04.2025 received by the petitioners on 21.05.2025 and quash the same and consequently direct the 1st to 4th respondents to take appropriate legal action against the unauthorised construction put up by the 5th respondent at Corporation Door No.146, Sydenhams Road, opposite the Nehru Indoor Stadium, Chennai 600 003, under the provisions of the Tamil Nadu Town and Country Planning Act. For Petitioners :

Mr.D.Saikumarran For Respondents :

Mr.V.Veeramani Government Advocate for R1 Mrs.P.Veena Suresh Standing Counsel for R2 Mr.A.Arun Babu Standing Counsel for R3 & R4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioners have filed this petition raising a grievance that private respondent has raised illegal construction and therefore, mandamus be issued to Corporation to take action.

2. In the absence of there being any allegation of private respondent having encroached upon public road or government land and further, in the absence of any averment that it affects petitioners' right and that petitioners suffer any legal injury, in our opinion, petitioners have no locus to maintain this petition. If petitioners claim that the illegal construction, in any manner, affects their easementary rights, their remedy lie in filing suit and not writ petition.

3. In view of the above, petition is dismissed with liberty to file suit. There shall be no order as to costs. WMP No.37678 of 2025 filed to permit the petitioners to file a single writ petition is allowed,

subject to payment of separate court-fee within two weeks. Other interim application also stands dismissed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 10.09.2025 Index :

Yes/No Yes/No kpl To

1. The Principal Secretary to Government Housing & Urban Development Department Fort St. George, Chennai 600 009.

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

3. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 600 003.

4. The Executive Engineer Division V Greater Chennai Corporation No.61, Basin Bridge Road Old Washermenpet Chennai 600 021.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 10.09.2025