Disposed¶41

Sri Ganesh Flats Owners Association v. the Commissioner

Madras HC24 Oct 2025WP/29681/2023

Case brief

AI extract

What is this about?

Unauthorised construction; Writ of Mandamus; demolition; Greater Chennai Corporation Zone-IX; Chennai Metropolitan Development Authority; TNEB; show cause notice Zone-IX/DN-123/14/2022 dated 12.04.2022; representations dated 24.01.2021, 02.02.2021 and 18.06.2021; duty of Authority to consider representation; dereliction of duty; Article 226; disposal with directions; three-month compliance timeline; no costs; 5th and 6th respondents absent (V.Ramesh impleaded 11.03.2024 in WMP.No.5698/2024).

What did the court decide?

Writ Petition disposed of with the above direction (consideration of representations and passing of orders on merits within three months); no costs awarded. Demolition prayer not adjudicated on merits. ¶41

Sri Ganesh Flats Owners Association Vs the… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents 1 to 4 were obliged to consider and dispose of the petitioner's representations dated 24.01.2021, 02.02.2021 and 18.06.2021 seeking action against the unauthorised construction by the 5th respondent. +1 more

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Court's answer

An Authority to whom a representation of this nature is made has a duty to consider it on its own merits and pass appropriate orders instead of keeping it pending indefinitely; non-consideration of the representation amounts to dereliction of duty, justifying invocation of the Court's extraordinary powers under Article 226 to direct consideration within a stipulated time.

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Ratio / Principle

Respondents 1 to 4 are directed to consider the petitioner's representations dated 24.01.2021, 02.02.2021 and 18.06.2021, if not already disposed of, and pass appropriate orders on merits and in accordance with law after giving due opportunity to all interested parties.

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Key takeaways

Compliance timeline: the respondents 1 to 4 must pass the orders at least within three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.ratio¶37

Detailed headnote1 paragraphs

W.P.No.29681 of 2023 (High Court of Judicature at Madras, 24.10.2025; order by M.S.RAMESH, J., bench including R. SAKTHIVEL, J.): Filed under Article 226 of the Constitution of India, the petitioner Sri Ganesh Flats Owners Association sought a Writ of Mandamus directing respondents 1 to 3 (Commissioner, Corporation of Chennai; Zonal Officer Zone-IX; Member Secretary CMDA) to demolish the unauthorised construction put up by the 5th respondent (A.Thiruneelam) at Old Door No.42-A, New Door No.117/10, Sri Ganesh Flats, Thiruvalluvar Salai, Teynampet, Chennai, in view of show cause notice No.Zone-IX/DN-123/14/2022 dated 12.04.2022, alleging no action followed its representations dated 24.01.2021, 02.02.2021 and 18.06.2021 and the preliminary notice issued by Greater Chennai Corporation Zone-IX. Without going into the merits, the Court held that an Authority to whom such a representation is made must consider it on merits and pass orders, non-consideration amounting to dereliction of duty, and directed respondents 1 to 4 to consider the representations, if not already disposed of, pass appropriate orders on merits and in accordance with law after giving due opportunity to all interested parties, at least within three (3) months from receipt of a copy of the order, and communicate the outcome to the petitioner. Writ Petition stands disposed of; no costs.

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W.P.No.29681 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 24.10.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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AND

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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W.P.No.29681 of 2023

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Sri Ganesh Flats Owners Association, Rep. by Secretary V.Radha, W/o.Vimalanathan, 42-A, Ground Floor, Thiruvalluvar Salai, Teynampet, Chennai – 600 018. ... Petitioner

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Vs.

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1.The Commissioner, Corporation of Chennai, Chennai – 600 001.

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2.The Zonal Officer, Zone-IX (Teynampet), Corporation of Chennai, No.1, Lake Area 4^th Cross Street, Nungambakkam, Chennai – 600 034.

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3.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29681 of 2023

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4.The Assistant Engineer, TNEB, Teynampet, Chennai – 600 018.

5.A.Thiruneelam

6.V.Ramesh

... Respondents

[R6 impleaded as per order dated 11.03.2024 in WMP.No.5698/2024 in WP.No.29681/2023 by SSSRJ & NSJ]

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Prayer: Writ Petition filed under Article 226 of the Constitution of India,

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praying to issue a Writ of Mandamus, directing the respondents 1 to 3, to demolish the unauthorised construction put up by the 5 th respondent situated in Old Door No.42-A, New Door No.117/10, Sri Ganesh Flats, Thiruvalluvar Salai, Teynampet, Chennai – 600 018 in view of show cause notice No.Zone-IX/DN-123/14/2022 dated 12.04.2022.

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F or Petitioner : Mr.R.Venkatesan For R1 & R2 : Mr.D.B.R.Prabhu, Standing Counsel For R3 : Mr.R.Thamaraiselvan, Standing Counsel For R4 : Mr.L.Jaivenkatesh, Standing Counsel For R5 & R6 : No appearance

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29681 of 2023

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ORDER

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(Order of the Court was made by M.S.RAMESH, J. )

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The petitioner has given several representations dated 24.01.2021, 02.02.2021 and 18.06.2021 to the respondents 4 & 2 respectively, requesting to take action against the unauthorised construction. Pursuant to the representations, preliminary notice in Notice No: ZONE-IX/DN123/14/2022 dated 12.04.2022 was issued by the Greater Chennai Corporation Zone-IX. Since no further action was taken up by the respondents 1 to 4 pursuant to the aforesaid notice, the present Writ Petition has been filed.

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2. Heard the learned counsel for the petitioner, as well as learned Standing Counsel appearing for the respondents 1 to 4. Though notice has been served on 5^th respondent through substituted service and his name is also printed in the cause list, none appears on his behalf. There is also no representation on behalf of 6^th respondent.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29681 of 2023

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3. It is needless to point out that whenever a representation of this

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nature is made to an Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents 1 to 4 herein to consider the representations of the petitioner dated 24.01.2021, 02.02.2021 and 18.06.2021 , if not already disposed of and pass appropriate orders on merits and in accordance with law, after giving due opportunity to all the interested parties, atleast within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29681 of 2023

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5. With the above direction, the Writ Petition stands disposed of. No

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costs.

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[M.S.R, J.] [R.S.V, J.]

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24.10.2025

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Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

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Sni

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1.The Commissioner, Corporation of Chennai, Chennai – 600 001.

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2.The Zonal Officer, Zone-IX (Teynampet), Corporation of Chennai, No.1, Lake Area 4^th Cross Street, Nungambakkam, Chennai – 600 034.

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3.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008. 4.The Assistant Engineer, TNEB, Teynampet, Chennai – 600 018.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29681 of 2023

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M.S.RAMESH, J. and R. SAKTHIVEL, J.

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Sni

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W.P.No.29681 of 2023