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2025 DAILYLAW 106415 (MAD)

P.SABARINATH v. THE COMMISSIONER

WP/38657/2025 · 2025-10-17

G Arul Murugan

Transfer Petitionbody2025

Judgment text

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W.P.No.38657 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.10.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.38657 of 2025 and W.M.P.No.43232 of 2025 P.Sabarinath S/o.Late P Bose @ Purushothaman, No.16F, Sanjeevi Building, Meenakshipuram, Tirunelveli Junction, Tirunelveli 627 001. Petitioner Vs 1.The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003. 2.The Zonal Office Officer, Zone-13 Greate Chennai Corporation, Chennai 3.The Assistant Engineer/Division 176 Greater Chennai Corporation, Chennai ______________ p. 2 W.P.No.38657 of 2025 4.The Assistant Executive Engineer/ Unit 39 Greater Chennai Corporation, Chennai 5.M.Anantharaj S/o.Muthusamy Nadar, Plot No.15, 3rd Cross Street, Vijaya Nagar Extension, Velachery, Chennai 60 0042. 6.A.Pon Kavitha W/o.M. Anantharaj, Plot No.15, 3rd Cross Street, Vijaya Nagar Extension, Velachery, Chennai 600 042. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to consider the representation of the petitioner dated 17.07.2025 to take immediate action to demolish the unauthorized permanent structures erected by 5th and 6th respondents on the properties situated at Plot Nos.2 & 4, Door Nos.7 & 4, 3rd Cross Street, Vijayanagar Extension, Velachery, Chennai in the light of the direction issued by this Honourable Court in the order dated 18.11.2022 in W.P.No. 29480 of 2022. For Petitioner: Mr.S.Saravanan For Respondents: Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.1 to 4 ______________ p. 3 W.P.No.38657 of 2025 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties. 2. Challenge to the alleged illegality in the construction made by the private respondents need not be gone into in this writ petition for the reason that the petitioner as well as the private respondents have filed civil suits, which are pending consideration. Therefore, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. It is made clear that this order shall not come in the way of the Corporation in taking any action against the private respondents. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 17.10.2025 Index : Yes/No Neutral Citation : Yes/No bbr ______________ p. 4 W.P.No.38657 of 2025 To: 1.The Commissioner Greater Chennai Corporation Ripon Building, Chennai 600 003. 2.The Zonal Office Officer, Zone-13 Greate Chennai Corporation, Chennai 3.The Assistant Engineer/Division 176 Greater Chennai Corporation, Chennai 4.The Assistant Executive Engineer/ Unit 39 Greater Chennai Corporation, Chennai ______________ p. 5 W.P.No.38657 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. bbr W.P.No.38657 of 2025 17.10.2025 ______________