M/S.Twelve Jan Flat Owners Association v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN M/s. Twelve Jan Flat Owners Association Registration No.SRG/Chennai Central/112/2025 Rep. by its President M.Krishnamoorthy Jan Apartments Old No.11, New No.4, Karnan Street Kodambakkam Chennai - 600 024 .
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Petitioner Vs.
1. The Commissioner Greater Corporation of Chennai Ripon Buildings Chennai - 600 003.
2. The Member Secretary Chennai Metropolitan Development No.1, Thalamuthu Natarajan Building Gandhi Irvin Road, Egmore Chennai - 600 008.
3. The District Revenue Officer/Zonal Officer - 10 Greater Corporation of Chennai No.117, N.S.K.Salai, Kodambakkam Chennai - 600 024.
4. The Executive Engineer Division No.110 Dr.Ambedkar Road Kodambakkam Chennai - 600 024.
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Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the Respondents herein to remove unauthorized constructions in the Set Backs Areas of the premises/Flats at Door No.4/11 (11/11), Karnan Street, Kodambakkam, Chennai 600 024 in terms of the Proceedings in Ma.A.10.Na.Ka.No.C5/1228837/2025 dated 28.03.2025 of the 3rd Respondent and the Notice no.10/00104/11/2025 dated 30.04.2025 of the 4th Respondent and restore the Buildings to its original position as per the approved plan within a time frame as fixed by this Hon'ble Court.
For Petitioner :
Mr.N.Nithianandam For Respondents :
Mr.D.B.R.Prabhu Standing Counsel for Respondents 1, 3 & 4 Mrs.P.Veena Suresh Standing Counsel for Respondent-2
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The grievance, which has brought the issue before this Court through this petition under Article 226 of the Constitution of India, is that even though on the complaint regarding illegal construction made in the open spaces by one of the flat owners, enquiry has been conducted but it is not being brought to its logical conclusion. 1.1. Person against whom the allegation of illegal construction has been raised is not a party in this petition. Therefore, we cannot issue any direction to the Corporation.
2. However, the proceedings which have been initiated by the Corporation should be brought to its logical conclusion one way or other expeditiously. Moreover, the person against whom allegation is made is also entitled to an opportunity of hearing. If that has not been given, opportunity of hearing shall be afforded to the concerned person against whom the allegation is made. The entire proceedings should be concluded within three months from the date
of receipt of copy of this order by the first respondent.
3. Petition is disposed of. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 24.10.2025 Index :
Yes/No Yes/No kpl To
1. The Commissioner Greater Corporation of Chennai Ripon Buildings, Chennai - 600 003.
2. The Member Secretary Chennai Metropolitan Development No.1, Thalamuthu Natarajan Building Gandhi Irvin Road, Egmore Chennai - 600 008.
3. The District Revenue Officer/Zonal Officer - 10 Greater Corporation of Chennai No.117, N.S.K.Salai, Kodambakkam Chennai - 600 024.
4. The Executive Engineer Division No.110, Dr.Ambedkar Road Kodambakkam, Chennai - 600 024.
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.
(kpl) 24.10.2025