P.Ganesan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN P.Ganesan : Petitioner versus 1.The State Of Tamil Nadu Rep. By Its Secretary To Government, Housing And Urban Development Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-600 003 3.The Zonal Officer Greater Chennai Corporation, Zone-XII No.1, New Street, Alandur, Chennai-600 016. 4.The Executive Engineer, Greater Chennai Corporation, Zone-XII, No.1, New Street, Alandur, Chennai-600 016.

5.The Assistant Executive Engineer Greater Chennai Corporation, Unit-37, Zone-XII, No.121, Garments Complex, Nagi Reddy Road, Guindy Sidco, Chennai-32.

6.The Deputy Commissioner Of Police Law And Order Butt Road, Nasarathpuram, Gandhi Nagar, St. Thomas Mount, Chennai-600 089 7.Mumtaj Respondents For Petitioner :

Ms.Karthikaa Ashok For Respondents :

Mr.A.Edwin Prabhakar, State Government Pleader, assisted by Mr.M.Habeeb Rahman, Government Advocate, for respondent No.1 :

Mr.A.Arun Babu, Standing Counsel, for respondents 2 to 5 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This case was taken up for hearing on 22.08.2025 and after hearing the learned counsel for the parties and taking into consideration the petitioner's application was rejected vide communication dated 21.01.2025, we dictated order that the writ petition stands dismissed.

2. However, before the order could be signed, a mention was made by the learned counsel appearing for the petitioner that as the communication dated 21.01.2025 was circulated during the course of hearing, the petitioner could not offer proper explanation. It was submitted that the case may be taken up for consideration. Taking into consideration that the issue relates to the proposed action of locking and sealing the premises, we directed the case to be taken up for hearing today.

3. After having heard the learned counsel for the petitioner at length, challenge to the action of the respondents cannot be allowed to be raised at this stage, in view of several orders passed by this Court from time to time, clearly declaring that the construction was illegal and unauthorised. The revisional authority passed an order dated 28.10.2024; wherein also it was held that the construction is without permission and authorisation. Yet, an opportunity was given to move an application to rectify the deviation. An application was filed by the petitioner and it was rejected way back on 21.01.2025. The petitioner has again filed a petition seeking to reopen all the issues which have

already been raised and decided by this Court, or even those issues which could have been raised; but were not raised.

4. In our view, the chapter stands closed. The writ petition stands dismissed. Consequently, WMP Nos.36389, 36390 of 2025 are closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (SUNDER MOHAN, J.) 26.08.2025 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN , J.

(sra) To 1.The Secretary To Government, Housing And Urban Development Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-600 003 3.The Zonal Officer Greater Chennai Corporation, Zone-XII No.1, New Street, Alandur, Chennai-600 016. 4.The Executive Engineer, Greater Chennai Corporation, Zone-XII, No.1, New Street, Alandur, Chennai-600 016.

5.The Assistant Executive Engineer Greater Chennai Corporation, Unit-37, Zone-XII, No.121, Garments Complex, Nagi Reddy Road, Guindy Sidco, Chennai-600 032.

6.The Deputy Commissioner Of Police Law And Order, Butt Road, Nasarathpuram, Gandhi Nagar, St. Thomas Mount, Chennai-600 089 26.08.2025