Madras High Court

WP/43796/2026 of A.PEER MOHAMED Vs THE GREATER CHENNAI CORPORATION on 3 November 2026

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WP No. 43796 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-11-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN

WP No. 43796 of 2026

CNR:{HCMA012512772026}

AND

WMP NO. 49147 OF 2026

A.Peer Mohamed,

S/o.Mr.Abdul Khader,

No.58,Pillaiyar Kovil Street,

Mannurpet,Ambattur Estate,

Ambattur Taluk,Chennai district.

..Petitioner(s)

Vs

1. The Greater Chennai Corporation,

Represented by its Commissioner,

Rippon Building,Chennai-600 003.

2. The Executive Engineer,

Zone-7,Ward-86,

Greater Chennai Corporation,

Ambattur,Chennai-53.

..Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for records of the impugned order passed in IV/N07/N086/00084/2026 dated 26/09/2026 passed by the 2nd respondent and quash the same and directing the respondents no.1 and 2

from any way giving any hindrance to the petitioner and his property.

WP No. 43796 of 2026

For Petitioner(s):

Mr.A.P.Srinivasan

For Respondent(s):

Ms.R.V. Gayatri

Standing Counsel for GCC for R1 and R2

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Order

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the notice issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act for removal of unauthorised construction. The impugned notice states that the petitioner is directed to remove the unauthorised portion of the building constructed in violation of the building plan approval granted. The details regarding the violations have been stated in the impugned notice. Therefore, the petitioner has to submit his explanations if no deviation is made or to correct the deviations by demolishing the unauthorised portion and report the same to the competent authority. In alternate, he may prefer an appeal, if he desires to do so. However, no writ petition is maintainable against the notice issued by the Chennai Corporation since such notices are issued, enabling the owners to rectify the deviation and in the event of any error in the notice, they may prefer an appeal. This being the Scheme under the Act, the present writ petition is not entertainable.

WP No. 43796 of 2026

2. Learned counsel for the petitioner would submit that an explanation has already been submitted. If so, the authorities may consider the same and take a final decision regarding any unauthorised construction made by the petitioner as detailed in the notice. However, the authorities are duty bound to ensure that the constructions are made strictly in accordance with the building plan approval already granted by the competent authorities.

3. With the above observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (R.R.V.,J.) 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The Greater Chennai Corporation, Represented by its Commissioner, Rippon Building,Chennai-600 003.

2. The Executive Engineer, Zone-7,Ward-86, Greater Chennai Corporation, Ambattur,Chennai-53

WP No. 43796 of 2026

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WP No. 43796 of 2026 AND WMP NO. 49147 OF 2026 03-11-2026

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