Case Note & Summary
Two writ petitions were filed before the High Court of Judicature at Madras. W.P.No.34962 of 2024 was filed by S.Kuppuraj seeking a writ of mandamus under Article 226 of the Constitution of India, directing the respondents 1 to 3 (Greater Chennai Corporation) to demolish unauthorised construction on the second floor of the building at Door No.32/2, Old No.9, Third Trust Cross Street, Mandavellipakkam, Chennai – 600 028, in terms of the court order dated 27.01.2021 in W.P.No.20072 of 2021, and to remove illegal structures in the setback area. W.P.No.37982 of 2024 was filed by Mangal Kanji Mehta and Dinesh K. Mehta seeking a writ of mandamus directing the first respondent, the Secretary to Government, Housing and Urban Development Department, to hear their stay petition in an appeal preferred under Section 80(A) of the Tamil Nadu Town and Country Planning Act, dated 09.12.2024. The matters were heard together by a Division Bench comprising Hon'ble Mr. Justice S.M.Subramaniam and Hon'ble Mr. Justice K.Rajasekar, who passed a common order on 05.03.2025. (No substantive reasoning, findings, or operative directions are available from the portion of the judgment provided.)
Issue of Consideration
W.P.Nos.34962 & 37982 of 2024
Case Details
2025 LawText (MAD) (03) 119
W.P.Nos.34962 & 37982 of 2024
S.M.Subramaniam, K.Rajasekar
Mr.K.Sasindran, Mr.D.B.R.Prabhu, Ms.B.Nikitha, Mr.D.Suriyanarayanan, Mr.E.Veda Bagath Singh, Mr.R.C.Manoharan
S.Kuppuraj, Mangal Kanji Mehta, Dinesh K. Mehta
The Commissioner, Greater Chennai Corporation; The Executive Engineer, Greater Chennai Corporation; The Assistant Engineer, Greater Chennai Corporation; The Assistant Engineer, TANGEDCO, Mandavelipakkam; Mangal Kanji Mehta; Dinesh K. Mehta; The Secretary to Government, Housing and Urban Development Department; The Member Secretary, Chennai Metropolitan Development Authority; The Executive Engineer, Greater Chennai Corporation
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petitions under Article 226 of the Constitution of India
Remedy Sought
In W.P.34962 of 2024: mandamus to direct demolition of unauthorised second-floor construction and removal of illegal setback structures; in W.P.37982 of 2024: mandamus to direct hearing of stay petition in a statutory appeal under Section 80(A) of the Tamil Nadu Town and Country Planning Act.
Filing Reason
Alleged unauthorised construction, non-compliance with a prior court order, and pending statutory appeal and stay petition.
Previous Decisions
Order dated 27.01.2021 passed by the Madras High Court in W.P.No.20072 of 2021
Procedural History
1. Prior order passed on 27.01.2021 in W.P.No.20072 of 2021. 2. W.P.No.34962 of 2024 filed by S.Kuppuraj seeking enforcement of that order. 3. On 09.12.2024, an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act was filed by the Mehta parties, along with a stay petition. 4. W.P.No.37982 of 2024 filed by the Mehta parties seeking a direction to hear the stay petition in that appeal. 5. Both writ petitions were heard together by the High Court and a common order was reserved/passed on 05.03.2025. (No further details available from the provided text.)
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Town and Country Planning Act, 1971: 80(A)
