Writ petition seeking action against constructions with minor deviations from approved planning permission in Adambakkam. The court found the petitioner lacked bona fides and locus standi, with no verifiable proof of residence near the site, and no public interest involved. The petition was dismissed without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.24238 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2024
CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.24238 of 2023
Bala N.Vinoth Kumar .. Petitioner
v.
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W.P.No.24238 of 2023
Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation and direct the respondents/officials to take appropriate action to prevent the unauthorized/illegal construction that is being put up in the land earmarked as communal and recreational purpose comprised in Survey No.69/3 at Jeevan Nagar 2nd Street, Adambakkam, Chennai-88.
For Petitioner :: Mr.H.Rajasekar
For Respondents :: Mr.D.B.R.Prabhu Standing Counsel for R1 to R4 No appearance for R5 Ms.K.Vasanthamala for R6 Mr.S.Haja Mohideen Gisthi for R7 Mr.D.Selvam for R8
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W.P.No.24238 of 2023
ORDER
(Order of the Court was made by S.S.SUNDAR,J.)
This appears to be a litigation claiming to be in public interest,
whereas the motive behind the filing of the writ petition is to coerce or blackmail the persons who have put up constructions with minor deviations.
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W.P.No.24238 of 2023
petitioner submitted a representation dated 20.06.2023 to the official respondents to take action against such illegal constructions. Since no action has been taken on the said representation, the petitioner has preferred this writ petition.
standi, as he is not presently staying in the locality. Having regard to the allegations made, the private respondents submit that the writ petition is only to extract money from the private respondents. It is further stated that the same petitioner, who had earlier filed petitions before the statutory authorities for demolition of the unauthorized constructions, have withdrawn such objections later once he is successful in sticking a deal with the promoter or interested.
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W.P.No.24238 of 2023
that the private respondents have obtained planning approval before construction and that there are minor deviations which are tabulated in the said report.
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W.P.No.24238 of 2023
involved and that the petitioner's writ petition cannot be entertained. Accordingly, for want of bona fides, this writ petition is dismissed. No order
as to costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) Neutral citation : yes/no 20.03.2024 ss
To
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W.P.No.24238 of 2023
Chennai 600 088
Page 7 of 8
W.P.No.24238 of 2023
S.S.SUNDAR,J. AND
N.SENTHILKUMAR,J.
ss
W.P.No.24238 of 2023
20.03.2024
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2 issues framed by the court
Whether the petitioner has bona fides and locus standi to file a writ petition seeking action against allegedly unauthorized constructions.
Whether the writ petition involves a genuine public interest or is filed to coerce private respondents.
1 provisions across 1 enactments
Bala N.Vinoth Kumar
The Commissioner, Greater Chennai Corporation
The Deputy Commissioner (Buildings and Planning), Greater Chennai Corporation
The Assistant Commissioner, Greater Chennai Corporation, Zone 12, Alandur Zone
The Assistant Executive Engineer, Greater Chennai Corporation, Zone-12, Alandur Zone
The Assistant Engineer, Tamil Nadu Electricity Board, Adambakkam
S.S.Sundar
N.Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
