Madras High Court

WP/9570/2025 of M/S.MEDAVAKKAM MAIN ROAD RESIDENCE Vs THE COMMISSIONER on 14 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2026

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

W.P.No.9570 of 2025

CNR:{HCMA010406482025}

M/s.Medavakkam Main Road Residence

Welfare Association,

Rep. by President, R.Baskar,

No.130, Medavakkam Main Road,

Adambakkam, Chennai 600 088.

… Petitioner

-vs-

1. The Commissioner,

Greater Chennai Corporation,

Ripon Buildings, Park Town,

2. The Regional Deputy Commissioner

(South), Adyar Zone, Greater Chennai

Corporation, Alandur, Chennai.

3. The Executive Engineer / Zonal Officer, Zone-12, Alandur, No.121, Nagi Reddy Garden Street, Guindy, Chennai - 600 032.

4. Jeevan Nagar Welfare Association,

Plot No.70AB, Jeevan Nagar, First Street, Adambakkam, Chennai - 600 088.

… Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, directing the respondents 1 to 3 to remove the encroachments made by the 4th respondent on the public road situated at Plot No.70AB, Jeevan Nagar 1st Street, Adambakkam, Chennai, by demolishing the illegal /

unauthorized construction built without any sanctioned plan by the 4th respondent at Plot No.70AB, Jeevan Nagar 1st street, Adambakkam, Chennai.

For Petitioner:

Mr.K.V.Sajeevkumar

For Respondents:

Mr.A.Arun Babu, Standing Counsel for R1 to 3

Mr.S.Malarmannan for R-4

*****

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O R D E R

(Order of the Court was made by S.M.Subramaniam,J.) Writ of Mandamus has been instituted to direct the respondents 1 to 3 to remove the encroachments made by the 4th respondent on the public road situated at Plot No.70AB, Jeevan Nagar 1st Street, Adambakkam, Chennai, by demolishing the illegal / unauthorized construction built without any sanctioned plan by the 4th respondent at Plot No.70AB, Jeevan Nagar 1st street, Adambakkam, Chennai.

2. The Zonal Officer, Zone-12 Limit, Greater Chennai Corporation identified unauthorized construction in the subject premises. Zonal Officer, after verifying records, ascertained that 4th respondent has made encroachment on dead end of road at Jeevan Nagar 1st street. Therefore, the said portion of construction is to be demolished as per law.

3. Learned Standing Counsel for Greater Chennai Corporation would submit that already unauthorized portion of the building was locked and sealed by competent authority on 08.07.2025.

4. In view of the above, further enforcement action is to be completed by demolishing the unauthorized portion. The building is under lock and seal for more than one year. Authorities have not initiated action for the reasons best known to them. Once building is locked and sealed, competent authorities are expected to complete the enforcement action as expeditiously as possible. Paving way for further dispute is not desirable.

5. In view of the facts and circumstances of the case, respondents 1 to 3 are directed to proceed with the enforcement action by demolishing unauthorized portion of building / construction and restore public road and ensure that building in that area is restored as per building plan permission / layout approved by competent authority. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6. At this juncture, learned counsel for the 4th respondent would submit that 4th respondent has not encroached upon public road. If

S.M.SUBRAMANIAM,J. AND R.RAJESH VIVEKANANTHAN,J. AR so, 4th respondent is at liberty to submit appropriate documents to establish that they are not encroachers and had duly obtained building plan permission for the alleged unauthorized construction. The said plan approval shall be submitted by R4 within a period of seven days from the date of receipt of a copy of this order. Thereafter, enforcement action shall be continued. With the above directions, the present Writ Petition is disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To:

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Park Town,

2. The Regional Deputy Commissioner (South), Adyar Zone, Greater Chennai Corporation, Alandur, Chennai.

3. The Executive Engineer / Zonal Officer, Zone-12, Alandur, No.121, Nagi Reddy Garden Street, Guindy, Chennai - 600 032. W.P.No.9570 of 2025

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