S.Thamizhan v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN S.Thamizhan S/o.Subramaniayan, Door No.7, Second Main Road, Anna Nagar, Pammal, Chenai-600 075 Petitioner Vs 1.The Member Secretary Chenai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chenani 600 008.

2.The Commissioner Pammal Municipality (Now part of Tambaram City Municipal Corporation), Pozhichalur Main Road, Chennai 600 075.

3.The Town Planning Inspector Pammal Municipality, (Tambaram City Municipal Corporation), Pozhichalur Main Road, Pamal, Chenani 600075.

4.G Ravindran S/o. K.Govindsasamy, Partner of M/s. Ragavi Homes, No.514-1 Nehru Nagar, 6th Cross Street, Mootaikaranchavadi, Okkiam Thuraipakam, Chennai - 97.

5.S Hari S/o. Sankarakrishnan, Partner of M/s.Rahavi Homes, No. 8/27, Ramanujam Street, Nungambakam, Chennai 600 034.

6.Nehar Sulthana W/o.Shaik Abdul Azeem Flat No.G1 in the Ground Floor, 2nd Main Road, Anna Nagar, Pammal, Chennai-600 075 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to demolish illegal construction and dismantle the house measuring an extent of 935 sq. ft. of built up area together with 300 Sq. ft. in the bearing Plot No. 15 situated in Door No.7, 2nd Main Road, Anna Nagar, Pammal, Chennai 600 075.

For Petitioner:

Mr.Gokul Ram G.M and Mr.Elangovan.S.

For Respondent(s):Mrs.P.Veena Suresh Standing Counsel for respondent No.1 Mr.P.Srinivas Standing Counsel for respondent Nos.2 and 3 Mrs.R.Nirmala Devi for respondent No.6

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. Though the petition has been filed alleging inaction on the part of the respondent Corporation in taking action against the illegal construction, today when the matter comes up, learned counsel for the Corporation informs that, after conduct of survey, notice under Section 135 of the Tamil Nadu Urban Local Bodies Act has been issued to respondent No.6 on 05.12.2025.

3. Though learned counsel for respondent No.6 raises an issue of correctness of the action taken by the Corporation, as far as the present petition is concerned, the purpose is served, as the

Corporation has passed certain orders.

4. The petition is, accordingly, closed. We leave it open to respondent No.6 to work out her remedy in the manner known to law, if aggrieved. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.12.2025 Index :

Yes/No :

Yes/No bbr To:

1.The Member Secretary Chenai Metropolitan Development Authority, Thalamuthu Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore, Chenani 600 008.

2.The Commissioner Pammal Municipality (Now part of Tambaram City Municipal Corporation), No.2, Dr Ambedkar Salai, Pozhichanallu Main Road, Chennai 600 075.

3.The Town Planning Inspector Pammal Municipality, (Tambaram City Municipal Corporation), Pozhichanallur Main Road, Pamal, Chenani 600075.

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

bbr 16.12.2025