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Madras High CourtWP/37503/2024disposed of

Raja Subbulakshmi v. The Chairman

2025-08-11Honourable Mrs.Justice N. Mala5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025 CORAM :

THE HONOURABLE MRS. JUSTICE N.MALA Writ Petition No.37503 of 2024 Raja Subbulakshmi ... Petitioner Vs.

1.The Chairman, O/o. Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Member Secretary, O/o. Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

3.The Director, M/s.SPR Constructions Pvt. Ltd., No.1, Cooks Road, Perambur Chennai - 600 011.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent to consider the representation dated 28.03.2024. Page No.1 of 5

For Petitioner :

Ms.Malarvizhi Udayakumar For Respondents 1 & 2 :

Ms.K.Mageswari, Standing Counsel For Respondent 3 :

Mr.N.Ramakrishnan, for ARK Law Associates

O R D E R

The petitioner has filed this petition to direct the first respondent to consider the representation dated 28.03.2024.

2. The case of the petitioner is that the petitioner and her son have purchased a commercial unit (LG-E-511) in the "Market of India" project developed by M/s.SPR Constructions Private Limited, pursuant to a registered sale and construction agreement executed at the Sub- Registrar's Office, Purasaiwalkam. They have already paid 80% of the total sale consideration as demanded by the promoter. However, the developer (third respondent) has deviated from the originally approved building plan sanctioned by the Chennai Metropolitan Development Authority (second respondent) and has carried out unauthorized constructions, which not only violate the sanctioned plan but also pose serious safety hazards. Despite the petitioner had submitted a representation to the first respondent on 28.03.2024, highlighting Page No.2 of 5

these grave deviations, no action has been taken thus far, thereby necessitating the filing of the present writ petition.

3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 28.03.2024 on merits, in accordance with law, within a time frame to be fixed by this Court.

4. Learned Standing Counsel appearing for the respondents 1 & 2 has filed a status report dated 08.01.2025.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 28.03.2024, after giving due notice to the petitioner as well as the third respondent, affording an opportunity of personal hearing and considering the documents Page No.3 of 5

filed by both the parties and also the status report filed by the respondents 1 & 2 on merits, in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

7. This writ petition is disposed of with the aforesaid observation and directions. No costs.

11.08.2025 vm/dh Index :

Yes/No Speaking Order :

Yes/No :

Yes/No 1.The Chairman, O/o. Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Member Secretary, O/o. Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

N.MALA.,J.

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