Panakkal House Promoters v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN & W.M.P.Nos.44987 & 44988 of 2025 M/s. Panakkal House Promoters Rep. by Power Agent P.C.Shaji No.1075, New No.12, Ponni Colony 26th Street, H-Block, Anna Nagar Chennai-600 040 ..

Petitioner Vs.

1. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai -600 003.

2. The Zonal Officer-Zone VII (Ambattur) No.536, Chennai Tiruvallur High Road Opp. to Dunlop Company Ambattur, Chennai-600053.

3. The Assistant Executive Engineer-1 Zone-7 (Ambattur) No.536, Chennai Tiruvallur High Road Opp. to Dunlop Company Ambattur, Chennai-600053.

4. Loganathan ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 24.04.2025 passed by the 3rd Respondent in petitioner's online complaint Number (CN): 2025584JRJ and uploaded in official website of Greater Chennai Corporation on 24.04.2025 at 11:59 AM and quash the same and direct the Respondent 1 to 3 to stop the further construction by the 4th respondent and take legal action in accordance with Section 56, 57 r/w 85 of the Tamil Nadu Town and Country Planning Act, 1971 (as amended by Act 61 of 2018) to remove the unauthorized construction.

For Petitioner :

Mr.S.Anandakumar For Respondents :

Mr.E.C.Ramesh Standing Counsel for Respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Petitioner claims that because of illegal construction raised by fourth respondent, petitioner is being adversely affected in exercise

of his right of ingress and egress and he would submit that this is because fourth respondent is raising construction without leaving any set back area, which is illegal.

2. The grievance with regard to violation of private right is essentially a matter to be taken before the civil Court by filing a suit.

3. If a complaint has already been made to the Corporation, the Corporation shall look into the allegations and take necessary action.

4. Petition is disposed of. There shall be no order as to costs. Consequently, the interim applications are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.11.2025 Index :

Yes/No Yes/No kpl

To

1. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai -600 003.

2. The Zonal Officer-Zone VII (Ambattur) No.536, Chennai Tiruvallur High Road Opp. to Dunlop Company Ambattur, Chennai-600053.

3. The Assistant Executive Engineer-1 Zone-7 (Ambattur) No.536, Chennai Tiruvallur High Road Opp. to Dunlop Company Ambattur, Chennai-600053.

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

(kpl) 03.11.2025