[Cites 6, Cited by 0]
Madras High Court
K.M.A.Mohamed Sulaiman vs The Commissioner on 11 March, 2026
W.P.No.8647 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2026
CORAM :
THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
WP No.8647 of 2026
and WMP Nos.9323 and 9327 of 2026
1. K.M.A.Mohamed Sulaiman
S/o K.M.Abdul Rahman
2. K.M.A.Mohamed Zahrudeen
S/o K.M.Abdul Rahman.
Both residing at Flat No.704,
7th Floor, Casagrand Monte Carlo,
New No.193, Mount Road, Little Mount,
Saidapet, Chennai - 600015.
Petitioner(s)
Vs
1. The Commissioner
Greater Chennai Corporation,
Rippon Building, Chennai-600 003.
2. The Director
Town and Country Planning,
2nd, 3rd and 4th Floor, C and E Market Road
Koyambedu, Chennai - 600107.
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W.P.No.8647 of 2026
3. The Member Secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600008.
4. The District Collector
Chennai – 600 001.
5. The Revenue Divisional Officer
Guindy, Chennai.
6. The Tahsildar
Taluk Office, Sholinganallur.
7. Suriya Prakash
S/o Subbaih,
Flat No.1B, 1st Floor, Sow Pannika Apartments,
Ayyapam 4th Street, Pallikaranai.
Respondent(s)
PRAYER: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 2 and 3
to remove the unauthorized construction on the land situated in Plot
No.6 and 7 comprised in Old Survey No.454/3 and New Survey
No.454/3A, 1D admeasuring 2400 Sq.ft situated at Pallikaranai Village,
Sholinganallur Taluk, Chennai.
For Petitioner(s): Mr.Veda Vikas
For M/s.V.Srimathi
For Respondent(s): Mr.D.B.R.Prabhu
Standing Counsel
For R1
Mr.M.Habeeb Rahman
Government Advocate
For R2, R4 to R6
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W.P.No.8647 of 2026
Mrs.P.Veena Suresh
Standing Counsel
For R3
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
Alleging that the seventh respondent has put up unauthorised
construction over the land, which partly belongs to the petitioners,
the petitioners sent representation to the respondent authorities on
7.2.2026 requesting them to inspect the property, demarcate the
boundaries and to withdraw the approval granted. As the said
representation did not evoke any response, the present writ petition
is filed seeking issuance of a writ of mandamus directing
respondents 2 and 3 to remove the unauthorized construction on
the land situated in Plot No.6 and 7 comprised in Old Survey
No.454/3 and New Survey No.454/3A, 1D admeasuring 2400 Sq.ft
situated at Pallikaranai Village, Sholinganallur Taluk, Chennai.
2. Learned counsel for the petitioners submitted that the
seventh respondent fraudulently obtained building permission in
respect of the property, which partly belongs to the petitioners. The
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failure on the part of the respondent authorities in inspecting the
property and taking action against the seventh respondent has
caused grave prejudice and injustice to the petitioners.
3. Learned counsel appearing on behalf of the respondents
submit that the competent authority shall consider the
representation of the petitioner dated 7.2.2026 and take necessary
action in accordance with law, after affording an opportunity of
hearing to all concerned.
4. The Tamil Nadu Town and Country Planning Act, 1971 has
been enacted to provide for planning the development and use of
rural and urban land in the State of Tamil Nadu and for purposes
connected therewith. While Section 56 of the Act empowers the
authorities to remove the unauthorised development, Section 57 of
the Act confers power on the authority to stop the unauthorised
development and Section 80A of the Act stipulates the special
powers of the government.
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5. In exercise of the rule-making power conferred under
Section 122 of the Act read with the aforesaid statutory provisions,
the Government has notified the Tamil Nadu Town and Country
Planning (Removal of Unauthorised Development) Rules, 2022, with
prescribes the procedure to be followed, including calling for
documents relating to such unauthorised development; issuing of
notice to owner or occupier; inspection of unauthorised
development; and the removal mechanism.
6. In the light of the aforesaid provisions and the submission
made by learned counsel for the respondent/Corporation, we
hereby direct respondent Nos.2 and 3 to consider the
representation dated 7.2.2026 of the petitioners in accordance with
the procedure contemplated under the Act and the Rules, referred
supra, and take necessary action in accordance with law within a
period of eight weeks from the date of receipt of a copy of this
order, of course after affording an opportunity of hearing to all
concerned.
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Writ petition is disposed of with the aforesaid directions.
There shall be no order as to costs. Consequently, interim
applications stand closed.
(SUSHRUT ARVIND DHARMADHIKARI,CJ) (G.ARUL MURUGAN,J)
11.03.2026
Index : Yes/No
Neutral Citation : Yes/No
sasi
To:
1. The Commissioner
Greater Chennai Corporation,
Rippon Building, Chennai-600 003.
2. The Director
Town and Country Planning,
2nd, 3rd and 4th Floor, C and E Market Road
Koyambedu, Chennai - 600107.
3. The Member Secretary
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road, Egmore,
Chennai - 600008.
4. The District Collector
Chennai – 600 001.
5. The Revenue Divisional Officer
Guindy, Chennai.
6. The Tahsildar
Taluk Office, Sholinganallur.
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THE HON'BLE CHIEF JUSTICE
AND
G.ARUL MURUGAN,J.
(sasi)
11.03.2026
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