Madras High Court
M.Karthick vs The Government Of Tamil Nadu on 20 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.Nos.37844 & 39614 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.P.Nos.37844 & 39614 of 2024
W.P.No. 37844 of 2024
M.Karthick ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. By its Secretary,
Housing and Urban Development Department,
Fort. St.George,
Chennai – 600 009.
2. The Member Secretary,
Chennai Metropolitan Development Authority (CMDA),
Thalamuthu Natarajan Building,
No. 1, Gandhi Irwin Marg, Egmore,
Chennai – 600 008.
3. The Commissioner,
Greater Chennai Corporation Rippon Buildings,
Chennai - 600 003.
4. The Assistant Engineer,
Chennai Corporation Zone -9,
Division – 10, Chennai - 600 034.
5. Syed Shagiullah
6. Syed Namath ... Respondents
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W.P.Nos.37844 & 39614 of 2024
Prayer: Petition filed under Article 226 of the Constitution of India, seeking
for an issuance of writ of mandamus, directing the respondents 1 and 4 to
demolish and remove the unauthorized construction in Survey No. 108, 109
No. 109, Kodambakkam High Road, Chennai - 600 034 made by the 5 th and
6th respondent within the time stipulated by this Court.
For Petitioner : Mr.Dharani for Mr.P.Santhosh
For Respondents : Mr.E.Vijayanand
Additional Government Pleader
[For R1]
: Mr.C.Manoharan
Standing Counsel for R2
: Mr. D.B.R.Prabhu,
Standing Counsel for R3 & R4
: Mr.C.Umashankar
[For R6]
W.P.No. 39614 of 2024
K.Prema ... Petitioner
Vs.
1. The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No. 1, Gandhi Irwin Road,
Egmore, Chennai – 600 008.
2. The Commissioner,
Greater Chennai Corporation,
Rippon Building, No. 1131, EVR Periyar Salai,
Park Town, Chennai - 600 003.
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W.P.Nos.37844 & 39614 of 2024
3. The Zonal Executive Engineer,
Zone IX, Greater Chennai Corporation,
No. 4, 4th Cross Street, Lake Area,
Nungambakkamm, Chennai - 600 034.
4. Syed Shafiullah
5. Syed Namath
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, seeking
for an issuance of writ of mandamus, directing the 2nd and 3rd respondents to
take appropriate action against the illegal and unauthorised constructions put
up by the 4th and 5th respondent situated at Door No. 108, 109 and 110,
Kodambakkam High Road, Chennai - 600 034, comprised in T.S.No. 626,
Paimash No. 763, in accordance with law and as per the order of the first
respondent made in Letter no. EC/C-1/4321/2023, dated 19.07.2024 and to
demolish the same.
For Petitioner : Mr.B.Divakaran
For Respondents : Mr.Y.Bhuvanesh Kumar (CMDA)
[For R1]
: Mr. D.B.R.Prabhu,
Standing Counsel for R2 & R3
COMMON ORDER
(Order of the Court was made by the Hon'ble S.M.SUBRAMANIAM, J.) W.P.No.37844 of 2024 has been instituted to direct the respondents 1 and 4 therein to demolish and remove the unauthorized construction in Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.37844 & 39614 of 2024 Survey Nos. 108, 109, No. 109, Kodambakkam High Road, Chennai - 600 034 made by the 5th and 6th respondents therein. W.P.No.39614 of 2024 has been instituted to direct the 2nd and 3rd respondents therein to take appropriate action against the illegal and unauthorised constructions put up by the 4 th and 5th respondent therein situated at Door Nos. 108, 109 and 110, Kodambakkam High Road, Chennai - 600 034, comprised in T.S.No. 626, Paimash No. 763.
2. With reference to the complaint given by the petitioners, the Corporation filed a Status Report stating that an inspection was conducted and the construction put up by the private respondents at Survey Nos. 108 & 109 bearing Door Nos. 108, 109 and 110, Kodambakkam High Road, Chennai - 600 034, comprised in T.S.No. 626, Paimash No. 763 have been verified. Action has been taken by issuing a notice for production of documents under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971. In response to the notice and the inspection conducted on 23.12.2024, the private respondents have now filed all the documents before the Corporation Authorities. Therefore, based on the inspection and the documents produced by the private respondents, the Corporation Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.Nos.37844 & 39614 of 2024 Authorities shall verify the Planning Permission and take a final decision and communicate the same to the parties including the petitioners, as expeditiously as possible.
Accordingly, both the Writ Petitions stand disposed of. No costs.
[S.M.S,J.] [K.R.S,J.]
20.02.2025
veda
Index:Yes/No
Speaking order/Non-speaking order Neutral Citation:Yes/No To
1. The Government of Tamil Nadu, Rep. By its Secretary, Housing and Urban Development Department, Fort. St.George, Chennai – 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Building, No. 1, Gandhi Irwin Marg, Egmore, Chennai – 600 008.
3. The Commissioner, Greater Chennai Corporation Rippon Buildings, Chennai - 600 003.
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AND K.RAJASEKAR,J.
veda
4. The Assistant Engineer, Chennai Corporation Zone -9, Division – 10, Chennai - 600 034.
5. The Zonal Executive Engineer, Zone IX, Greater Chennai Corporation, No. 4, 4th Cross Street, Lake Area, Nungambakkamm, Chennai - 600 034.
W.P.Nos.37844 & 39614 of 2024 20.02.2025 Page 6 of 6 https://www.mhc.tn.gov.in/judis