All India Road Users Welfare And Public v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN All India Road Users Welfare and Public Charitable Trust Rep. by its authorized signatory J.Sathish Having Office at, No.52/62, Mir Bakshi Ali Street, Royapettah, Chennai- 600 014.

: Petitioner versus 1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003 2.The Assistant Engineer/DN-119, Greater Chennai Corporation, Zone-IX, Chennai.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Zone-IX, Chennai.

4.The Executive Engineer Greater Chennai Corporation, Zone-IX, Chennai.

5.NG Mahal now known as Abate Eye Hospital No.19, Peters Road, Royapettah, Chennai - 600 014.

6.M/s.Girias Rep. by its Manager No.240, Peters Road, Royapettah, Chennai - 600 014 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to dispose the petitioner's representation dated 02.06.2025 and further direct the respondents to remove the unauthorized construction in accordance with the rules and regulations.

For Petitioner :

Mr.H.Mohammed Ghouse For Respondents :

Mr.D.B.R.Prabhu, Standing counsel, for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner association has filed this public interest litigation seeking issuance of a mandamus to the official respondents to take action against respondents 5 and 6 on the allegation of illegal construction having been raised.

2. Apart from the facts floating on the surface that de-occupation notice has already been issued against the private respondents, we fail to understand as to how the petitioner has locus standi to challenge such kind of construction when it does not affect any of the rights of the members of the petitioner association.

3. The petition is misconceived and the same is dismissed. There will be no order as to costs.

4. This order shall not come in the way of the Corporation in taking appropriate steps pursuant to the de-occupation notice issued against the private respondents.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 16.10.2025 Index : Yes/No : Yes/No tar To 1.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai - 600 003 2.The Assistant Engineer/DN-119, Greater Chennai Corporation, Zone-IX, Chennai.

3.The Assistant Executive Engineer, Greater Chennai Corporation, Zone-IX, Chennai.

4.The Executive Engineer Greater Chennai Corporation, Zone-IX, Chennai.

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

(tar) 16.10.2025