S.Gunasekar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.54886 of 2025 S.Gunasekar .. Petitioner -vs1. The Commissioner, Poonamallee Municipality, Poonamallee, Chennai 600 056.

2. The Assistant Engineer, TNPDCL (O & M), Kumananchavadi, Poonamallee, Chennai 600 056.

3. Rekha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to demolish the unauthorised construction put up by 3rd respondent in respect of building at Survey No.627/3, Poonamallee Taluk, Tiruvallur District, measuring to an extent of 1200 sq.ft. Situated at Murugesan

Street, Trunk Road, Karayanchavadi, Chennai 600 056, in pursuant to representation of petitioner dated 06.11.2025. For Petitioner :

Mr.T.Sundaravadanam for Mr.E.Arun Kumar For Respondents :

Mr.M.Habeeb Rahman Govt. Advocate for RR 1 and 2 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The allegation in the petition is that the private respondent, while raising construction, has encroached upon the public street.

2. Learned counsel for the State, on advance instructions, would submit that on 05.12.2025, notice has been issued to the private respondent, acting on the complaint of the petitioner.

3. Since the respondent authorities have already initiated enquiry in the matter, this petition need not be kept pending.

Petition is, accordingly, disposed of. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 17.12.2025 Index : Yes/No : Yes/No sra To

1. The Commissioner, Poonamallee Municipality, Poonamallee, Chennai 600 056.

2. The Assistant Engineer, TNPDCL (O & M), Kumananchavadi, Poonamallee, Chennai 600 056.

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

(sra) 17.12.2025