Sreekantan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.No.45020 of 2025 Sreekantan 26/2 Vadivel Street Perambur, Chennai 600 011 Petitioner Vs 1.The Commissioner Greater Chennai Corporation, Rippon Building, No.52, Raja Muthiah Road Periamet, Chennai 600 003 2.Chennai Metropolitan Development Authority 'Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008 3.Subashree 26/3, Vadivel Street, Perambur, Chennai 600 011 Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the 1st respondent to consider the representation dated 08.09.2025 and thereby direct the respondents to initiate appropriate action against the unauthorized construction put by the 3rd respondent on the front setback area of the construction situated in 26/3, Vadivel Street, Perambur, Chennai 600 001 by removing the same within a time frame. For Petitioner:

Mr.Maclean C. Samuel for M/s.Lamech Indian For Respondents:

Mr.D.B.R.Prabhu Standing Counsel for respondent No.1 Mrs.P.Veena Suresh Standing Counsel for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. The petitioner, who resides adjacent to the residence of respondent No.3, has filed this petition seeking issuance of a direction to the respondent authorities to take action against

respondent No.3 on the allegation that, while raising construction, respondent No.3 has not left set back, as is required under the building permission and applicable building laws.

3. It is submitted that complaints have been made on 07.08.2025 and 08.09.2025, respectively. It is the allegation that till date no action has been taken.

4. Shri D.B.R.Prabhu, learned Standing Counsel, appears on behalf of the Corporation, on advance copy.

5. Respondent No.1 is directed to examine the complaints made by the petitioner and carry out necessary measurement and spot inspection in the presence of the petitioner as well as respondent No.3 to verify the allegation, as early as possible. The petitioner's own construction shall also be duly enquired into by respondent No.1.

6. 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) 29.10.2025 Index :

Yes/No :

Yes/No bbr To:

1.The Commissioner Greater Chennai Corporation, Rippon Building, No.52, Raja Muthiah Road Periamet, Chennai 600 003 2.Chennai Metropolitan Development Authority 'Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008

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

bbr 29.10.2025