P.Ganesan v. The Additional Secretary (Technical)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P.Nos.785 and 786 of 2026 P.Ganesan S/o.K.Periyasamy, No.6A/15A, 18th Street, B.V. Nagar, Bhakthavatsalam Nagar, Nanganallur, Chennai-600 114.

Petitioner Vs 1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner Ripon Buildings, Chennai-600 003

3.The Executive Engineer, Zone-XII, Garments Complex, No.121 Nagi Reddy Street, SIDCO Industrial Estate, Guindy, Chennai 600 032 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus to call for the records on the file of the 3rd respondent vide his proceedings in W.D.C.No.TP PPA/WDCN12/01185/2025 and quash the impugned communication dated 26.04.2025 as highly illegal, violative and unsustainable and further for a direction, directing the respondents 2 and 3 to consider the petitioner's representation dated 04.09.2025 and pass orders as to action under Section 56 of Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner:

Mrs.Karthikaa Ashok For Respondents:

Mr. E.Vijay Anand Addl. Government Pleader for R1 Mrs.S.Vanitha Joice Rani Standing Counsel for R2 and R3

ORDER

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

2. Challenge to the impugned communication cannot be

entertained, in view of the order which we have passed earlier in W.P.No.32468 of 2025, dated 26.08.2025. The said communication was available to be challenged even at the time of disposing of the earlier writ petition, but was not challenged by the petitioner. There are concluded proceedings declaring that the construction was unauthorised, illegal and without permission. Therefore, the course of action adopted by the petitioner cannot be accepted.

3. The writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 20.01.2026 Index :

Yes/No :

Yes/No bbr

To:

1.The Additional Secretary (Technical) Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600 009.

2.The Commissioner Ripon Buildings, Chennai-600 003 3.The Executive Engineer, Zone-XII, Garments Complex, No.121 Nagi Reddy Street, SIDCO Industrial Estate, Guindy, Chennai 600 032

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

bbr 20.01.2026