W.P.No.24191 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2025 CORAM THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 24191 of 2025 and WMP No.27224 of 2025 1. R.Ramamurthy S/o.R.Rajamanickam, Mig Flat 64-b, Z Block, No.47/2 Fifth Avenue, Anna Nagar, Chennai-600 040 Petitioner(s) Vs 1. The Managing Director Tamilnadu Housing Board,Cmda Complex, E & C Market Road, Koyambedu, Chennai-600 107 2.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003 3.The Executive Engineer And Administrative Officer (anna Nagar Division), Tamilnadu Housing Board (tnhb), No.C-48, 2nd, Ave, X Block, Tower Park, Anna Nagar, Chennai-600 040 4.The Chief Engineer/distribution Tangedco/tamilnadu Electricity Board(tneb), No.144, Anna Salai, Chennai-600 002 5.VARUN 1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24191 of 2025 Mig Flat 64-D and 64-F, Z-block, No.Z-47/4 & Z-47/6, Fifth Avenue, Anna Nagar, Chennai-600 040 6.Shankar Chat Bhandar, Mig Flat 64, Fifth Avenue Anna Nagar, Chennai-600 040 7.Lakshmi Coffee Mig Flat 64, Fifth Avenue Anna Nagar, Chennai-600040 Respondent(s) PRAYER Writ Petition filed under Article 226 of India to issue a Writ of Mandamus, directing the 1st and 2nd and 3rd respondents to take immediate and appropriate action to remove the unauthorized constructions and illegal commercial activities being carried out at MIG Flat No.64 fifth avenue, Anna Nagar, chennai-600 040 by the 5th , 6th and 7th respondents and consequently direct the respondents to restore the residential character of the premises and remove all encroachments in the forcecourt garden/open space area, common areas and undivided share of land (UDS) at MIG Flat No.64, Fifth Avenue, Anna Nagar, chennai For Petitioner(s): Mr. R.Amardeep For Respondent(s): Mr. D.Veerasekaran, Standing Counsel For R1& R3, Mr. D.B.R.Prabhu, Standing Counsel For R2, M/s.A.S.Balaji For R6 M/s.T.M.Naidu and Co for R7 No appearance for R4 and R5 ORDER (Order of the Court was made by J.Nisha Banu J.) 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24191 of 2025 This writ petition has been filed to issue a writ of mandamus, directing the respondents 1 to 3 to take immediate and appropriate action to remove the unauthorized constructions and illegal commercial activities being carried out at MIG Flat No.64 fifth avenue, Anna Nagar, chennai-600 040 by the 5th , 6th and 7th respondents and consequently direct the respondents to restore the residential character of the premises and remove all encroachments in the forcecourt garden/open space area, common areas and undivided share of land (UDS) at MIG Flat No.64, Fifth Avenue, Anna Nagar, chennai. 2. It is the case of the petitioner that the Tamil Nadu Housing Board (TNHB) constructed the above said MIG residential flats exclusively for residential use, in which the petitioner is owner of flat No.Z-47/2, as per settlement deed executed by his father dated 04.06.2012. 2.1. One Varun, 5th respondent herein, who is residing at Flar Nos.Z-47/4 and Z-47/6, has constructed unauthorized structures in the open common spaces and permitted the same for establishment of commercial shops in the name of " Shankar Chat Bhandar " and "Lakshmi Cofee". In view of the above, they installed higher powered exhausts and also made drainage alterations, structural modifications, including blocking passages, etc. The said activities in the common place affects the public safety and residents' health. 2.2. The petitioner submitted a representation to the respondents concerned to take action against the said unauthorised developments and 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24191 of 2025 activities, however, there was no response from them. Hence, he filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 4. Considering the limited scope of prayer, without expressing any opinion on merits, we are inclined to dispose of the writ petition by directing the 2nd respondent to consider the representation of the petitioner dated 23.04.2025 and after affording opportunity of personal hearing to the petitioner as well as the 5th respondent, take action in accordance with law, within a period of twelve weeks from the date of receipt of copy of the order. 5. With the above directions, this writ petition stands disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. (J.NISHA BANU J.) (M.JOTHIRAMAN J.) 06-08-2025 Index:Yes/No Internet:Yes Neutral Citation:Yes/No MST To 1.The Managing Director 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24191 of 2025 Tamilnadu Housing Board,Cmda Complex, E And C Market Road, Koyambedu, Chennai-600 107 2.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003 3.The Executive Engineer And Administrative Officer (anna Nagar Division), Tamilnadu Housing Board (tnhb), No.C-48, 2nd, Ave, X Block, Tower Park, Anna Nagar, Chennai-600 040 4.The Chief Engineer/distribution Tangedco/tamilnadu Electricity Board(tneb), No.144, Anna Salai, Chennai-600 002 5.VARUN Mig Flat 64-d And 64-f, Zblock, No.Z-47/4 And Z-47/6, Fifth Avenue, Anna Nagar, Chennai-600 040 6.Shankar Chat Bhandar, Mig Flat 64, Fifth Avenue Anna Nagar, Chennai-600 040 7.Lakshmi Coffee Mig Flat 64, Fifth Avenue Anna Nagar, Chennai-600040 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24191 of 2025 J.NISHA BANU J. AND M.JOTHIRAMAN J. MST WP No. 24191 of 2025 06.08.2025 6 of 6 https://www.mhc.tn.gov.in/judis