[Cites 2, Cited by 0]
Madras High Court
Bipin Rajalingam S vs The Member Secretary on 7 April, 2026
2026:MHC:1382
W.P.No.12873 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.04.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.12873 of 2026
Bipin Rajalingam S
11 FOD, Jains Nakshatra Flats,
Union Road, Chinna Nolambur,
Chennai - 600 095.
Petitioner(s)
Vs
1. The Member Secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600 008.
2. Jain Housing and Constructions Ltd
98/99 Habibullah Road, T. Nagar,
Chennai - 600 001.
3. Jain Nakshatra Flat Owners Association
Rep by its President, No.82,
Union Road, Chinna Nolumbur,
Chennai - 600 095.
Respondent(s)
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W.P.No.12873 of 2026
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the first respondent
to forthwith lock and seal the said clubhouse until the same is duly
regularized in accordance with law, pursuant to the petitioner’s
representations dated 15.05.2025 and 26.12.2025, within such time
frame as may be fixed by this court.
For Petitioner(s): Mr.S.Bipin Rajalingam
(Appearing in person)
For Respondent(s):Mrs.P.Veena Suresh
Standing Counsel
for R1
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Alleging that the second and third respondents have
committed several violations of the planning permission in respect
of Jain’s Nakshatra Apartments, particularly concerning construction
of an unauthorised clubhouse, the petitioner sent representations
on 15.5.2025 and 26.12.2025 to the first respondent seeking action
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to lock and seal the said structure. As the said representations did
not evoke any response, the present writ petition is filed.
2. The main grievance of the petitioner is that the clubhouse
has been constructed in contravention of the planning permission.
To bolster the said submission, the petitioner, appearing in person,
placed heavy reliance on a reply dated 26.11.2025 received under
the Right to Information Act from the Chennai Metropolitan
Development Authority which states that “CMDA has not approved
club house in the site under reference.”
3. In the case on hand, it is admitted that the petitioner is the
owner of one of the flats in the said apartments and is also a
member of the third respondent/association. The planning permit
issued by the Chennai Metropolitan Development Authority is dated
21.7.2006. The petitioner, who owns a flat in the very same
apartments, has slept over the matter for nearly 20 years and
suddenly woke up from slumber in 2025 and sent representations
to the first respondent that the clubhouse has been constructed in
violation of the planning permission. It is not stated as to when
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the clubhouse has been constructed and certainly the clubhouse
was not constructed overnight and the photographs filed in the
typed set show that the building is not newly built.
4. It is trite that the power of the High Court to issue an
appropriate writ under Article 226 of the Constitution is
discretionary and the High Court in the exercise of its discretion
does not ordinarily assist the tardy and the indolent or the
acquiescent and the lethargic. In the case on hand, despite owning
a flat within the same apartments, the petitioner did not take any
steps to ascertain whether the clubhouse was constructed with
permission or without permission for well-nigh 20 years. We,
therefore, do not intend to entertain the writ petition at the instance
of the petitioner.
5. The writ petition is, accordingly, dismissed. There shall be
no order as to costs.
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We make it clear that this order shall not preclude the first
respondent from considering the representations of the petitioner in
accordance with law.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
07.04.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1. The Member Secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600 008.
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https://www.mhc.tn.gov.in/judis
THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
07.04.2026
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