Kasturi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and WMP No.40953 of 2025 Kasturi D/o.V.Kugathas, No.106, Ascari Road, Postal Code : K4M0M7, Manotick, Ontario, Canada, Rep by her Power Agent V.Kugathas, Flat No.9, Door No.61, Golden Homes, Ambattur Industrial Estate Road, Anna Nagar, Western Extension Chennai-600 101 Petitioner Vs 1.The Government of Tamil Nadu Rep. by its Additional Secretary (Technical) Housing and Urban Development Department Fort St. George, Chennai-600 009 2.The Executive Engineer Zone-VIII, Greater Chennai Corporation,

Shenoy Nagar, Chennai-600 030 3.The Assistant Executive Engineer Unit-22, Old Division-100, New Division-103, Shenoy Nagar, Chennai-600 030 4.Dr.Geetha Devadas W/o.Dr.P.Devadasa Manoharan, Y-148, Anna Nagar, Chennai-600 040 Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records pertaining to the order of rejection dated 11.8.2025 of the second respondent passed in W.D.C.No.T.P.PPA/WDCN08/05/ 160/2025 and to quash the same and to direct the second respondent to grant planning permission for demolition and reconstruction of the existing building and to remove the lock and seal so as to demolish the building within a time frame as fixed by this Hon'ble Court. For Petitioner:

Mr.V.Vasanthakumar for Mr.V.C.Selvasekaran For Respondents:

Mr.T.K. Saravanan Addl. Government Pleader for respondent No.1

Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.2 and 3 (through video-conferencing)

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Shri V.Vasanthakumar, learned counsel for Shri V.C.Selvasekaran, learned counsel for the petitioner; Shri T.K.Saravanan, learned Additional Government Pleader for respondent No.1; and Shri D.B.R.Prabhu, learned Standing Counsel (through video-conferencing) for respondent Nos.2 and 3.

2. With the consent of both sides, the following order is passed:

(1) The Corporation shall remove lock and seal of the building in question and conduct an inspection for their own records.

(2) After inspection is made, the building shall be handed over to the petitioner.

(3) Within a period of two weeks from the date of handing over, the petitioner shall demolish the entire construction and, thereafter, the petitioner may

submit fresh application.

(4) The Corporation, upon satisfaction that the building has been demolished, may consider the fresh application in accordance with law.

(5) In case, the building is not demolished by the petitioner within two weeks from the date of its handing over to her by the Corporation, the Corporation may again take possession, lock and seal and proceed to demolish the building.

3. The writ petition is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 18.11.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Additional Secretary (Technical) Government of Tamil Nadu Housing and Urban Development Department Fort St. George, Chennai-600 009 2.The Executive Engineer Zone-VIII, Greater Chennai Corporation, Shenoy Nagar, Chennai-600 030 3.The Assistant Executive Engineer Unit-22, Old Division-100, New Division-103, Shenoy Nagar, Chennai-600 030

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

bbr 18.11.2025