WP/14458/2026 of N.S.Rajan Vs The Member Secretary

W.P. No.14458 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2026 CORAM : THE HONOURABLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P. No. 14458 of 20 26 AND W.M.P. No.15668 of 2026 N.S.Rajan, 905, Vaigai Colony, J- Block 17 Street, Anna Nagar (W) Chennai-600 040 .. Petitioner(s) Vs 1.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building Egmore, Chennai- 600 008 2.The Commissioner Greater Chennai Corporation (GCC) Rippion Building, EVR Salai Chennai-600 003 3.The Assistant Commissioner (Zone-VIII) Greater Chennai Corporation-Anna Nagar (Zone VIII) New No.36B, Old No.12 B.Pulla Avenue Shenoy Nagar, Chennai-600 030 _________ Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P. No.14458 of 2026 4.Habibullah Sayeed Akthar S/o.Habibullah Khan Owner and Occupier of the Premises at 904, Vaigai Colony, J- Block 17th Street, Anna Nagar West Chennai-600040 .. Respondent(s) PRAYER: Petition filed under Article 226 of the Constitution of I ndia seeking issuance of a writ of mandamus to direct the First, Second and Third respondents to evaluate within a specified timeline, the extent of illegal constructions by the fourth respondent with regard to material violations in the setback areas and in accordanc e with law issue a Lock and Seal Demolition Notice to the extent o f setback violations and for consequential orders. For Petitioner: Mr.R.Gopi Narayanan For Respondents: Mrs.P.Veena Suresh Standing Counsel for R1 Ms.K.Aswini Devi Standing Counsel for RR2 and 3 ORDER (Made by G.ARUL MURUGAN,J.) Heard. 2.The writ petition is filed seeking for a direction to the respondents No.1 to 3 to consider the online complaints of the petitioner dated 09.09.2025 and 20.09.2025, in respect of the unauthorised construction put up by the fourth respondent. _________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P. No.14458 of 2026 3.According to the petitioner, he is the owner of the pr operty situated in plot No.905, Vaigai Colony, J-Block, 17th Street, Anna Nagar West, Chennai. The fourth respondent, who is the adj acent owner of plot No.904, is putting up a construction without leaving any setback place and violating all the regulations of the Act and Rule s. Even though the petitioner had submitted repeated complaints to the authorities complaining about the unauthorised constructio n, no steps were taken and hence, the present writ petition. 4.The learned Standing counsels taking notice for the respondents No.1 to 3 submitted that, already the Gove rnment has issued G.O.Ms.No.195, Housing and Urban Development [UD4(1)], dated 05.11.2022, notifying the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 202 2, whereunder procedures have been set out in respect of dealing complaints regarding unauthorised construction. In view of the rules in place, the complaints made by the petitioner would be looked into and proceeded further. 5.The petitioner had made a complaint to the authorities alleging unauthorised construction put up by the fourth respondent in _________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P. No.14458 of 2026 contravention to the planning permission and the rules. As per Rule 3 of the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022, the appropriate planning authority or the officer authorised may, on own motion or on receipt of complaint regarding unauthorised development, issue notic e in Form-I to the owner or occupier of such building, calling for the plan and after conducting inspection, shall proceed as per Rules 4 an d 5 of the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022. 6.In view of the submissions made and considering the ru les in place, without expressing any opinion on merits, we disp ose of this writ petition directing the third respondent to consider the complaint of the petitioner and proceed in accordance with law, after affording opportunity to all the parties concerned within a perio d of twelve weeks from the date of receipt of a copy of this orde r. There shall be no order as to costs. Consequently, interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN, J) 16.04.2026 Index : Yes/No Neutral Citation : Yes/No gya _________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P. No.14458 of 2026 To: 1.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building Egmore, Chennai- 600 008 2.The Commissioner Greater Chennai Corporation (GCC) Rippion Building, EVR Salai Chennai-600 003 3.The Assistant Commissioner (Zone-VIII) Greater Chennai Corporation-Anna Nagar (Zone VIII) New No.36B, Old No.12 B.Pulla Avenue Shenoy Nagar, Chennai-600 030 _________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P. No.14458 of 2026 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. gya W.P. No.14458 of 2026 16.04.2026 _________ Page 6 of 6 https://www.mhc.tn.gov.in/judis