V.Umapathy vs the Commissioner

V.Umapathy vs The Commissioner

Type Court Judgment Court Chennai Decided Jun 23, 2025

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Citation: sooperkanoon.com/1923443
Court: Chennai High Court
Judge: Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman
Decided On: Jun 23, 2025
Case Number: WP/22197/2025

Parties & Advocates

Appellant / Petitioner

V.Umapathy

Respondent

The Commissioner

Excerpt

.....learned standing counsel appearing for r1 and r3 to r6 that a stop work notice has already been issued by the 6th respondent and after enquiry, further action will be taken by the 1st respondent.4. in view of the above submission, this court, withoutexpressing any opinion on the merits of the matter, directs the 1st respondent to proceed further, by giving an opportunity of personal hearing to the petitioner, r7 and r8 other parties concerned and thereafter, take suitable action in accordance with law. such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.5. with the above direction, this writ petition is disposed of. no costs. consequently, connected miscellaneous petition is closed. (j.n.b,j.,) (m.j.r,j.,) 23.06.2025 index: yes / no internet: yes / nospeaking order/non speaking orderar note: registry is directed to issue the order copy after ensuring payment of separate court fee. to:1. the commissioner, greater chennai corporation, ripon building, chennai-600 003.2. the member secretary, chenani metropolitan development authority (cmda), thalmuthu natarajan building, no.1, gandhi irwin road, egmore, chennai-600 008.3. the regional commissioner, no.115, dr.muthulakshmi salai, adyar, chennai-600 020.4. the zonal commissioner,5. the executive engineer,6. the assistant engineer,j.nisha banu, j.andm.jothiraman, j.ar 23.06.2025

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P.No.22197 of 2025 and W.M.P.No.24970 of 2025
1. V.Umpathy
2. K.Jagadish
3. K.Mahesh
4. S.Ramki
5. R.Kumaresan
6. D.Ramesh Babu
7. G.Palani
8. Garlapati Dileep ... Petitioners -vs-
1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.
2. The Member Secretary, Chenani Metropolitan Development Authority (CMDA), Thalmuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
3. The Regional Commissioner, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai-600 020.
4. The Zonal Commissioner,
5. The Executive Engineer,
6. The Assistant Engineer,
7. NARAYANAN
8. ARUNKUMAR ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action as prescribed under the law against the illegal and unauthorized construction at No.24/104, Ekambara Dafedhar Street, Alandur, Chennai-600 016, in pursuance of th stop work notice issued by the 6th respondent, including locking and sealing of the premises, following by demolition.
For Petitioners : Mr.D.Parthasarathy For R1 & 3 to 6 : Mrs. Vanitha Joice Rani, Standing Counsel For R2 : Mr.Akhil Akbar Ali Standing Counsel *****

ORDER

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 6 to take appropriate action as prescribed under the law against the illegal and unauthorized construction at No.24/104, Ekambara Dafedhar Street, Alandur, Chennai-600 016, in pursuance of the stop work notice issued by the 6th respondent, including locking and sealing of the premises, following by demolition.

2. Mrs. Vanitha Joice Rani, learned Standing Counsel takes notice for R1 and R3 to R6. Mr.Akhil Akbar Ali, learned Standing Counsel takes notice for R2. Notice to R7 & R8 is dispensed with, as no adverse

order is going to be passed against them. By consent, the Writ Petition itself

is taken up for final disposal at the admission stage.

3. When the matter is taken up for hearing, it is represented by

the learned Standing Counsel appearing for R1 and R3 to R6 that a stop work notice has already been issued by the 6th respondent and after enquiry, further action will be taken by the 1st respondent.

4. In view of the above submission, this Court, without

expressing any opinion on the merits of the matter, directs the 1st respondent to proceed further, by giving an opportunity of personal hearing to the petitioner, R7 and R8 other parties concerned and thereafter, take suitable action in accordance with law. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. (J.N.B,J.,) (M.J.R,J.,) 23.06.2025 Index: Yes / No Internet: Yes / No

Speaking Order/Non Speaking Order

ar Note: Registry is directed to issue the order copy after ensuring payment of Separate Court Fee. To:

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai-600 003.

2. The Member Secretary, Chenani Metropolitan Development Authority (CMDA), Thalmuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

3. The Regional Commissioner, No.115, Dr.Muthulakshmi Salai, Adyar, Chennai-600 020.

4. The Zonal Commissioner,

5. The Executive Engineer,

6. The Assistant Engineer,

J.NISHA BANU, J.

AND

M.JOTHIRAMAN, J.

ar 23.06.2025

Same Court & Year Chennai · 2025 Same Parties V.Umapathy vs The Commissioner Same Judge Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M....