Dr.A.Thanaraj v. The Principal Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.40587 of 2025

1. Dr.A.Thangaraj

2. L.Kingsley .. Petitioners -vs1. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

3. The District Collector, Singara Vellalar Maaligai, Rajaji Salai, 4th Floor, No.62, Beach Road, George Town, Chennai 600 001.

4. The Thasildar, Velachery Taluk Office, Seva Nagar, 1st Floor, Soni Nagar, Periyar Nagar Extension, Seva Nagar,

Velacherey, Chennai 600 042.

5. S.Elavalagan

6. E.Premalatha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 04.09.2023, 1st respondent to issue appropriate direction to the respondents 2 to 4, to identify all the illegal construction and deviations put up by 5th and 6th respondents in the common areas situated in the property and demolish the same and hand over the vacant possession of the common area in the property, for equal enjoyment to all other owners situated at No.1, City Limit Road, Secretariat Colony, Adambakkam, Chennai-88. For Petitioner :

Mr.N.Berlin Prabhu For Respondents :

Mr.M.Habeeb Rahman Govt. Advocate for RR 1, 3 and 4 :

Mr.D.B.R.Prabhu Stdg. Counsel for R-2 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition is utterly misconceived as it only relates to a

dispute with regard to the use of passage in a flat.

2. Learned counsel for the petitioners informs the Court that a suit has already been filed and is pending.

Without commenting upon merits, this petition is dismissed leaving it open to be considered in the pending suit. There shall be no order as to costs. W.M.P.No.40587 of 2025 is ordered, inasmuch as separate court fee has been paid.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 06.10.2025 Index : Yes/No : Yes/No sra To

1. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

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

(sra)

3. The District Collector, Singara Vellalar Maaligai, Rajaji Salai, 4th Floor, No.62, Beach Road, George Town, Chennai 600 001.

4. The Thasildar, Velachery Taluk Office, Seva Nagar, 1st Floor, Soni Nagar, Periyar Nagar Extension, Seva Nagar, Velacherey, Chennai 600 042.

06.10.2025