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Madras High CourtWP/41263/2025dismissed as withdrawal

P.Muthukrishnan v. The Commissioner

2026-03-13Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2026

CORAM

THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN P.MUTHUKRISHNAN PROPRIETOR, M/S.VIVEKA LANDSCAPE ARCHITECT HAVING OFFICE AT NO.5/1033, BURMA COLONY, 1st MAIN ROAD, 1st FLOOR, KANDHACHAVANDI, PERUNGUDI, CHENNAI-600 096.

:

Petitioner

Versus

1.THE COMMISSIONER GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

2.THE EXECUTIVE ENGINEER NO.7, GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

3.THE ZONAL OFFICER, ZONE-VII (AMBATTUR) GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD, 4.THE ASSISTANT ENGINEER WARD 82 GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD,

5.T.S.BALAJI OLD NO.43, NEW NO.35/2, 5TH STREET, SANTHI NAGAR, VYASARPADI, CHENNAI-600 096.

6.T.S.SRINIVASAN OLD NO.43, NEW NO.35/2, 5TH STREET, SANTHI NAGAR, VYASARPADI, CHENNAI-600 096.

: Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of the 2nd respondent pertaining to impugned notice No.III/N07/N082/00090/2025, dated 09.10.2025 issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act, 35 of 1972) regarding removal of unauthorised development carried in the 5th respondent's land bearing approved plots Nos.22,23 and 28 comprised in Survey Nos.787/1A2 and 787/1A1B, located at Pattaravakkam Service Road, Kallikuppam, Ambattur, Chennai-600 053 and quash the same.

For Petitioner : Mr. Gowtham.K.

For Respondents : Mr. E.C.Ramesh Standing Counsel, For RR1 To R4 Mr. B.Pachaiyappan, For R5.

OR DER (Order of the Court was made by the Hon'ble Chief Justice) The only grievance raised by the petitioner in this writ petition is that the impugned order dated 09.10.2025 has been passed without issuing mandatory notice to the petitioner, as required under the law.

2. However, respondents have filed typed set of papers, enclosing a copy of the notice issued to the petitioner as well as reply filed by the petitioner. It is seen that only thereafter, the impugned order has been passed.

3. At this stage, the petitioner seeks to withdraw the writ petition with liberty to file an appeal against the impugned order, in accordance with law.

4. In view of the same the writ petition is dismissed as withdrawn, with the aforesaid liberty. There will be no order as to costs. Consequently, WMP No.46197 of 2025 is closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 13.03.2026 Index : Yes/No : Yes/No tar

To 1.THE COMMISSIONER GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

2.THE EXECUTIVE ENGINEER NO.7, GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

3.THE ZONAL OFFICER, ZONE-VII (AMBATTUR) GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD, 4.THE ASSISTANT ENGINEER WARD 82 GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD,

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

(tar) 13.03.2026