Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN AND WMP NO. 8949 OF 2026 K.Ramaswamy, . ..Petitioner(s) Vs
1. Member Secretary (Regularization Department) C.M.D.A.,No.1,Gandhi Irwin Road, Thalamuthu Nataragan Maligai, Egmore,Chennai 600 008.
2. The Commissioner, Greater Corporation of Chennai, Amma Maligai (Rippon Building), Chennai-600 003
3. Mrs.Gnanam,
4. The Managing Director, Hotel Saravana Bhavan, No.19,Arcot Road, Beside Saravana Jewellery, Vadapalani, Chennai-25. .. Respondent(s)
Prayer : This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from permitting the respondents 3 and 4 or any other tenant under 3rd respondent from running any commercial activity in the building to an extent of 2865 sq.ft in the common vacant land abutting Block No.41/2 Vaigai Colony, 11 th Avenue, Ashok Nagar, Chennai-83.
Page1 of 5 For Petitioner(s) : Mr,C.Ashok Kumar for Mr.M.Saravanan For Respondent(s) : Mr.B.Sanjay Balachandar - R1 Ms./Vanitha Joice Rani - R2
ORDER
Heard Mr.Ashok Kumar for the petitioner and Mr.Sanjay Balachander for first respondent and Ms.Vanitha Jaice Rani for the second respondent.
2. The grievance of the petitioner is that the second respondent is taking steps to grant a license to respondent Nos.3 & 4 to open a commercial establishment at Block No.41/2 Vaigai Colony, 11th Avenue, Ashok Nagar, Chennai 83.
3. The petitioner and the third respondent have been litigating before this
Court for a decade and a half. The last of the orders came to be passed by this Court in W.P.No.1160 of 2017 dated 24.10.2017. While dismissing the said writ petition, this Court passed the following orders :- “ 20. In the light of the above facts and circumstances, the prayer sought for by the petitioner cannot be granted for the present. However, it is made clear that the 2 nd respondent, till Page2 of 5 the disposal of the application for regularisation submitted by him under Section 113 (C) of the Town and Country Planning Act, 1971, by the Government, shall not alter the physical features of the superstructure in question and shall also not create any further third party rights in respect of the same”. 4 Mr.Ashok Kumar states that despite the order passed by the Division Bench, the third and fourth respondents are moving the second respondent for grant of a trade license in respect of the aforesaid premises.
5. I called upon Ms.Vanitha Jaice Rani to get instructions from the second
respondent. On instructions, she reports that no such application has been filed by the third and fourth respondents. She further states that the Corporation will strictly comply with the directions issued by this Court in paragraph No.20 of W.P.No.1160 of 2017.
6. The said statement is recorded. Since no application has been filed
and as the respondents state that the order of this Court will be complied with, there is no necessity to pass any further order than recording the same. Page3 of 5
7. This Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27-02-2026 Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No KKD To
1. The Member Secretary (Regularization Department) C.M.D.A.,No.1,Gandhi Irwin Road, Thalamuthu Nataragan Maligai, Egmore, Chennai 600 008.
2. The Commissioner, Greater Corporation of Chennai, Amma Maligai (Rippon Building), Chennai-600 003.
3. The Managing Director,
Hotel Saravana Bhavan, No.19,Arcot Road,Beside Saravana Jewellery, Vadapalani,Chennai-25. Page4 of 5 V.LAKSHMINARAYANAN J. KKD AND WMP NO. 8949 OF 2026 27-02-2026 Page5 of 5