Citation : 2026 Latest Caselaw 1135 Mad
Judgement Date : 11 March, 2026
WP No. 8752 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2026
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
WP No. 8752 of 2026
AND
WMP NO. 9426 OF 2026
1. E.Dayanandam
S/o Ekambaram Ganga Plot No 4
Syndicate Colony main Road, Velan
Nagar, Alwarthirunagar Post, Chennai
600 087
Petitioner(s)
Vs
1. The Member Secretary
Chennai Metropolitan Development
Authority (CMDA) Thalamuthu
Natarajan House, No 1 Gandhi Irwin
Road, Egmore, Chennai 600 008
2.The Commissioner
Greater Chennai Corproation Ripon
Building, Chennai 600003
3.The Zonal officer Zone XI
Greater Chenani corproaiton Arcot
Road, Valasaravakkam, Chennai 600
087
4.Assistant Engineer
Greater Chennai Corproation Arcot
road, Valasarvakkam Chennai 600 087
5.Kanniappan
Plot No 03 Syndicate colony
MainRoad, Velan Nagar, Alarthirunagar
Post, Chennai 600 087
Respondent(s)
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WP No. 8752 of 2026
PRAYER
Directing the respondents 1 to 3 to consider the dispose of the petitioners
representation dated 09.02.2026 and take action against the illegal construction
put up by the 4th respondent in Ward No 149, Zone XI, Valasaravakkam,
Chennai within a time frame fixed by this Court
WP No. 8752 of 2026
For Petitioner(s): Mr.P.Govindarajan
For Respondent(s): Mr.Sanjay Balachandar,SC For
R1
M/s.S.Vanitha Joice Rani,SC For
R2 to R4
R5-ND/W
ORDER
This writ petition has been filed to direct the respondents 1 to 3 to take
action against the alleged illegal construction said to have been put up by the
5th respondent at the address morefully described in the prayer of this writ
petition based on the petitioner's representation dated 09.02.2026 within a time
frame to be fixed by this Court.
2. According to the petitioner, he is a neighbour to the 5th respondent,
who has put up the construction illegally without obtaining proper planning
permission and has committed several violations, which has caused nuisance to
the petitioner. The petitioner claims that he is a senior citizen and, due to the
illegal construction made by the 5th respondent, he is suffering from wheezing
problems and other ailments. Since the petitioner’s representation dated
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09.02.2026 has not been considered by respondents 1 to 3 till date, the petitioner
has filed this writ petition.
3. Mr.Sanjay Balachandar, learned Standing Counsel accepts notice on
behalf of R1. Ms.S.Vanitha Joice Rani, learned Standing Counsel accepts notice
on behalf of R2 to R4.
4. Since no adverse orders are passed against the 5th respondent, notice to
the 5th respondent is dispensed with by this Court.
5. No prejudice would be caused to the respondents, if the petitioner's
representation as stated supra is considered on merits and in accordance with
law after hearing the objections of the 5th respondent and after giving due
consideration to the supporting documents produced by the respective parties
within a time frame to be fixed by this Court.
6. This Court is not expressing any opinion on the merits of the
petitioner’s representation.
7. For the foregoing reasons, this writ petition is disposed of by directing
the second respondent to pass final orders on the petitioner’s representation
dated 09.02.2026, seeking to take action against the alleged illegal construction
put up by the 5th respondent at the property morefully described in the prayer to
this writ petition, after hearing the objections of the 5th respondent and after
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giving due consideration to the supporting documents produced by the
respective parties within a period of 12 weeks from the date of receipt of a copy
of this order. No Costs. Consequently, connected miscellaneous petition is
closed.
11-03-2026
Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ab
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To
1.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan House, No 1 Gandhi Irwin Road, Egmore, Chennai 600 008
2.The Commissioner Greater Chennai Corproation Ripon Building, Chennai 600003
3.The Zonal officer Zone XI Greater Chenani corproaiton Arcot Road, Valasaravakkam, Chennai 600
4.Assistant Engineer Greater Chennai Corproation Arcot road, Valasarvakkam Chennai 600 087
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ABDUL QUDDHOSE J.
ab
AND WMP NO. 9426 OF 2026
11-03-2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 01:39:13 pm )
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