Citation : 2026 Latest Caselaw 2674 Mad
Judgement Date : 21 May, 2026
WP No. 20205 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-05-2026 CORAM THE HON'BLE MR JUSTICE G. R. SWAMINATHAN AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WP No. 20205 of 2026 AND WMP NO. 21644 OF 2026
M/s.Cybercity Builders and Developers Private Limited, Represented by its Authorised Signatory, Mr.R.Murugesan, Cybercity Campus, Mangadu,Kundrathur Main Road, Chennai - 600122.
..Petitioner Vs
1. The Commissioner, Mangadu Municipality, Mangadu Village, Kancheepuram, Chennai – 600122.
2. The Assistant commissioner of Police (Traffic) Avadi Circle
3. The Inspector of Police, Law and Order, T-14, Mangadu Police Station Mangadu, Chennai.
4. Mr.K.Govindaraj, Door No.22/43,15th Street, Ashok Nagar, Chennai.
..Respondents
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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records in Na.Ka.En.2518/2024/F1 dated 11.05.2026 issued by the 1st Respondent and to quash the same as illegal, arbitrary, prejudicial and lacking application of mind.
For Petitioner(s): Ms.K.R.Ananda Gomathy Murugesan For Respondent(s): Mr.M.Murali, Government Advocate Mr.L.S.M.Hasan Fizal, Additional Government Pleader – for R2 and R3
Order (Order of the Court was made by G.R.Swaminathan J.)
Mr.M.Murali, learned Government Advocate takes notice for the respondents 1
and 2. Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader takes notice
for R3. Notice to the fourth respondent returnable by 11.06.2026. Private notice is
also permitted.
2. The petitioner is a promoter of a layout. They had put up two hoardings
in their private property. The local body had called upon the petitioner to remove
the same. They have also sought for the assistance of the jurisdictional police for
removing the said hoardings. Challenging the same, this writ petition has been
filed.
3. Learned counsel for the petitioner draws our attention to the order dated
16.03.2026 passed by the Hon'ble First Bench of this Court in W.P.No.9901 of 2026
filed by the writ petitioner herein. The writ petitioner herein wanted to restrain the
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local body and other authorities from interfering with their possession and
enjoyment of the petition mentioned property. The First Bench dismissed the writ
petition. However, in Para 10, the following observations have been made.
" 10. Whether or not the petitioner had put up unauthorised hoarding / advertisement board / unipoles is to be decided by the authorities on physical examination of the area in question. If really, the petitioner is aggrieved by the order of the Ombudsman, it is for the petitioner to take recourse in accordance with law. As stated supra, in the present writ petition, the petitioner is seeking relief in respect of the entire 27.59 Acres of land which was stated to be developed by the petitioner. If the respondent authorities initiate action against the entire extent of land alleging any violation, it is always open for the petitioner to challenge the same. Without any cause of action having arisen, seeking an omnibus direction from this court is premature."
4. From the materials on record, we are able to decipher that the local body
has not carried out any physical inspection as directed in the order and there is no
reference to the order of First Bench also in the impugned order. Therefore, we are
of the view a prima facie case is made out. There shall be an order of interim stay
till 30.06.2026. List on 11.06.2026.
(G.R.S.,J.) (V.L.N.,J.) 21-05-2026 KST Issue order copy today (21.05.2026) __________
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To
1. The Commissioner, Mangadu Municipality, Mangadu Village, Kancheepuram, Chennai – 600122.
2. The Assistant commissioner of Police (Traffic) Avadi Circle
3. The Inspector of Police, Law and Order, T-14, Mangadu Police Station Mangadu, Chennai.
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G.R.SWAMINATHAN J.
AND V.LAKSHMINARAYANAN J.
KST
AND WMP NO. 21644 OF 2026
21-05-2026 __________
https://www.mhc.tn.gov.in/judis
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