B.Murugan v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN B.Murugan S/o.Mr.Balaraman, Door No.2/14, 6th Street, Jai Nagar, Arumbakkam, Chennai 600106.

...Petitioner

Versus

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai 600 003.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thaamuthu Natarajar Egmore, Chennai 600 008.

3.The Executive Engineer, Zone - X Greater Chennai Corporation, No.117, Nsk Salai, Kodambakkam, Chennai 600 024.

4.The Assistant Commissioner, Unit 29, Division 127 Greater Chennai Corporation, No.117, 1/4

Nsk Salai, Kodambakkam, Chennai 600 024.

5.Mr. Madhavan, S/o.Mr Sriniasan, Door No.4/13, 6th Street, Jai Nagar, Arumbakkam, Chennai 600 106.

.... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution, praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 29.06.2024 and removal the illegal construction at Door No.4/13, 6th Street, Jai Nagar, Arumbakkam, Chennai-600 106 within a stipulated period.

For Petitioner(s):

Mr.M.K.Bhoopathy Rajan For Respondent(s): Mr. M.Venkateswaran, Spl.GP for R2 Mr.A.Arun Babu, St.Counsel for R1,R3 and R4

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 29.06.2024 and remove the illegal construction at Door No.4/13, 6th Street, Jai Nagar, Arumbakkam, Chennai-600 106 within a 2/4

stipulated period.

2. According to the petitioner, the 5th respondent has constructed a building illegally without obtaining any planning permission from the respondents 1 to 3, at Door No.4/13, 6th Stret, Jai Nagar, Arumbakkam, Chennai-600 106 and also attempted to encroach upon his property and in this regard, he made a representation on 29.06.2024 to the respondents, which evoked no response. Hence the Writ Petition.

3. The learned Standing counsel for the respondents 3 and 4 would submit that based on the representation made by the petitioner, already action was taken and the 4th respondent inspected the subject building of the 5th respondent and thereafter notice dated 12.02.2025 was issued calling upon the 5th respondent to submit the approved plan and since he failed to produce the same, the entire building was treated as unauthorized and further notice dated 13.3.2025 was issued for removal of unauthorized construction made without planning permission and challenging the same, the 5th respondent also filed a Writ Petition in W.P.No.20933 of 2025. 3/4

J.NISHA BANU, J.

and M.JOTHIRAMAN, J.

suk

4. In view of the submission made by the learned Standing counsel for the respondents 3 and 4, no further orders are necessary and hence this Writ Petition is dismissed. However, as regards encroachment if any made by the 5th respondent, the petitioner has to work out his remedy by approaching the Civil Court. No costs.

(J.N.B.J.,) (M.J.R,J.,) 09.07.2025 Index: Yes / No Internet: Yes / No b suk To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Park Town, Chennai 600 003.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thaamuthu Natarajar Egmore, Chennai 600 008.

3.The Executive Engineer, Zone - X Greater Chennai Corporation, No.117, Nsk Salai, Kodambakkam, Chennai 600 024.

4.The Assistant Commissioner, Unit 29, Division 127 Greater Chennai Corporation, No.117, Nsk Salai, Kodambakkam, Chennai 600 024.

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