WP No. 19692 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WP No. 19692 of 2024 1. Sir Venkatachala Flat Owners Association Rep By Its Joint Secretary, No.27, Sir Thiyagaraya Road, T.Nagar, Chennai-600 017 Petitioner(s) Vs 1. Chennai Metropolitan Development Rep By Its Member Secretary, Thalamuthu Natraja Maligai, Gandhi Irwin Road, Egmore, Chennai-600 008 2.Corporation Of Chennai Rep By Commissioner Of Corporation, Rippon Building, Chennai 3.Pelita Nasi Kandar International (P) Ltd Rep By Its Authorised Person, Appaswamy Towers, No.17 And 18 Sir Thiyagaraya Road, T.Nagar, Chennai-600 016 Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 19692 of 2024 PRAYER Directing the 1st and 2nd respondents to initiate appropriate action against the unauthorised construction put up by the 3rd respondent on the front setback area of the 'A' block situated in No.27, Appaswamy Towers, Sir Thiyagaraya Road, Pondybazar, T.Nagar, Chennai-600 015 by removing the same within a time frame. For Petitioner(s): Mr.S.Sai Shankar For Respondent(s): Mr. R. Thamarai Selvan Sc For R1 Mrs. S. Vanitha Joice Rani For R2 No appearance for R3 ORDER (Order of the Court was made by S.M.Subramaniam J.) The Writ Petition on hand has been instituted to direct the 1 st and 2 nd respondents to initiate appropriate action against the unauthorised construction put up by the 3 rd respondent on the front setback area of the 'A' block situated in No.27, Appaswamy Towers, Sir Thiyagaraya Road, Pondybazar, T.Nagar, Chennai-600 015 by removing the same. 2. The petitioner is Flat Owners' Association. Several building plan violations are set out in the affidavit filed in support of the Writ petition. Since unauthorised constructions are made, complaint has been given by the petitioner for initiation of action under the relevant provisions of law. The respondents 1 and 2 have failed to initiate action, which resulted in filing of the present Writ Petition. https://www.mhc.tn.gov.in/judis WP No. 19692 of 2024 3. It is needless to state that on receipt of any such complaint regarding unauthorised construction/deviation, the authorities competent are bound to conduct inspection/survey and identify the violations, unauthorised construction etc., and thereafter, initiate appropriate actions by following procedures as contemplated under the Act and Rules. 4. In the present case, the 1 st respondent/CMDA has to initiate appropriate action. Thus, the 1 st respondent is directed to conduct inspection in the subject property and verify the correctness of the allegations made by the petitioner in the complaint and thereafter, initiate all appropriate actions, if any, unauthorised construction/deviation are identified, by following the procedures as contemplated under law. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 21-04-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 19692 of 2024 To 1.Chennai Metropolitan Development Rep By Its Member Secretary, Thalamuthu Natraja Maligai, Gandhi Irwin Road, Egmore, Chennai-600 008 2.Corporation Of Chennai Rep By Commissioner Of Corporation, Rippon Building, Chennai 3.Pelita Nasi Kandar International P Ltd Rep By Its Authorised Person, Appaswamy Towers, No.17 And 18 Sir Thiyagaraya Road, T.Nagar, Chennai- 600 016 https://www.mhc.tn.gov.in/judis WP No. 19692 of 2024 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. WP No. 19692 of 2024 21-04-2025 https://www.mhc.tn.gov.in/judis