Mukesh Kumar Chaudhari Vs the Principal Secretary to… — Writ and Judicial Review | Madras HC (2025)

Mukesh Kumar Chaudhari Vs the Principal Secretary to… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed with liberty to the petitioners to file a suit; no order as to costs; WMP No.37678 of 2025 (to permit filing of a single writ petition) allowed subject to payment of separate court-fee within two weeks; the other interim application stands dismissed.

Issue for consideration

Whether the petitioners have locus standi to maintain a writ petition complaining of unauthorised construction raised by a private respondent, in the absence of any allegation of encroachment on public road or government land and of any averment that the construction affects the petitioners' rights or causes them legal injury. +1 more

Court's answer

In the absence of any allegation that the private respondent encroached upon a public road or government land, and in the absence of any averment that the construction affects the petitioners' rights or that the petitioners suffer any legal injury, the petitioners have no locus standi to maintain the writ petition.

Ratio / Principle

If the petitioners claim that the alleged illegal construction, in any manner, affects their easementary rights, their remedy lies in filing a suit and not a writ petition.

Detailed headnote1 paragraphs

Madras High Court (Manindra Mohan Shrivastava, CJ, making the order; G. Arul Murugan, J.) dismissed a writ petition under Article 226 filed by two individuals seeking quashal of a Greater Chennai Corporation order (Zone-V/C.No/3800/2025 dated ..04.2025) and mandamus to take action against unauthorised construction by the private fifth respondent (M/s. Euro Architrade Pvt. Ltd.) under the Tamil Nadu Town and Country Planning Act. Held: absent any allegation of encroachment on a public road or government land, and absent any averment that the construction affects the petitioners' rights or causes them legal injury, the petitioners have no locus standi to maintain the writ petition; where easementary rights are allegedly affected, the remedy lies in filing a suit, not a writ petition. Petition dismissed with liberty to file a suit, no costs; WMP for joint filing allowed subject to separate court-fee within two weeks; other interim application dismissed. (10.09.2025)

W.P.No.33532 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA,

CHIEF JUSTICE

AND

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

W.P.No.33532 of 2025 &

W.M.P.Nos.37678 & 37679 of 2025

Mukesh Kumar Chaudhari

P.Mahavir Raj Chaudhari .. Petitioners

Vs.

The Principal Secretary to Government Housing & Urban Development Department Fort St. George, Chennai 600 009.

The Chennai Metropolitan Development Authority Rep. by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

The Greater Chennai Corporation Rep. by its Commissioner Ripon Buildings Chennai 600 003.

The Executive Engineer Division V, Greater Chennai Corporation No.61, Basin Bridge Road Old Washermenpet, Chennai 600 021.

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W.P.No.33532 of 2025

M/s. Euro Architrade Pvt. Ltd. Rep. by its Managing Director Pradeep Kumar Mohta No.146, Sydenhams Road Opp. Nehru Indoor Stadium Periamet, Chennai 600 003.

.. Respondents

Prayer : Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorarified Mandamus calling for the entire records on the file of the 3^rd and 4^th respondent herein in respect of the order passed Zone-V/C.No/3800/2025 dated ..04.2025 received by the petitioners on 21.05.2025 and quash the same and consequently direct the 1^st to 4^th respondents to take appropriate legal action against the unauthorised construction put up by the 5th respondent at Corporation Door No.146, Sydenhams Road, opposite the Nehru Indoor Stadium, Chennai 600 003, under the provisions of the Tamil Nadu Town and Country Planning Act.

For Petitioners

: Mr.D.Saikumarran

For Respondents

: Mr.V.Veeramani Government Advocate for R1

Mrs.P.Veena Suresh Standing Counsel for R2

Mr.A.Arun Babu Standing Counsel for R3 & R4

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W.P.No.33532 of 2025

ORDER

(Order of the Court was made by the Hon'ble Chief Justice)

Petitioners have filed this petition raising a grievance that private respondent has raised illegal construction and therefore, mandamus be issued to Corporation to take action.

In the absence of there being any allegation of private respondent having encroached upon public road or government land and further, in the absence of any averment that it affects petitioners' right and that petitioners suffer any legal injury, in our opinion, petitioners have no locus to maintain this petition. If petitioners claim that the illegal construction, in any manner, affects their easementary rights, their remedy lie in filing suit and not writ petition.

In view of the above, petition is dismissed with liberty to

file suit. There shall be no order as to costs. WMP No.37678 of 2025 filed to permit the petitioners to file a single writ petition is allowed,

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W.P.No.33532 of 2025

subject to payment of separate court-fee within two weeks. Other

interim application also stands dismissed.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 10.09.2025

Index : Yes/No Neutral Citation : Yes/No

kpl

To

The Principal Secretary to Government Housing & Urban Development Department Fort St. George, Chennai 600 009.

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

The Commissioner Greater Chennai Corporation Ripon Buildings Chennai 600 003.

The Executive Engineer Division V Greater Chennai Corporation No.61, Basin Bridge Road Old Washermenpet Chennai 600 021.

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W.P.No.33532 of 2025

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl)

W.P.No.33532 of 2025

10.09.2025

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