G.Kumar v. the Secretary to Government

Madras HC18 Sept 2025WP/35117/2025

Case brief

AI extract

What is this about?

W.P.No.35117 of 2025 | High Court of Judicature at Madras | disposed 18.09.2025 | unauthorized and deviated building construction vs plan permit | alleged encroachment on petitioner's own property | Greater Chennai Corporation duty to spot-inspect and demolish illegal construction | writ of mandamus under Article 226 of the Constitution of India | representations dated 15.04.2025 and 5.07.2025 unanswered | notice to private respondents (Gadias) required before enforcement action | no order as to costs.

What did the court decide?

Direction to the 2nd respondent (Commissioner, Greater Chennai Corporation) to carry out a spot inspection to verify the petitioner's complaint and remove any illegal construction found, subject to prior notice to all private respondents; petition disposed of with no order as to costs. ¶¶36

G.Kumar Vs the Secretary to Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued under Article 226 of the Constitution directing the 2nd respondent (Commissioner, Greater Chennai Corporation) to inspect and demolish the unauthorized and deviated construction at No.30/85 Thiruvalluvar Salai, Teynampet, Chennai 600 018, as per the plan permit, by considering the petitioner's representations dated 15.04.2025 and 05.07.2025 within a time frame fixed by the Court. +1 more

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Court's answer

Taking into consideration the submission of learned counsel for the petitioner that the private respondents' alleged illegal construction encroaches on the petitioner's property and that no action followed his various representations, the Court disposed of the petition with a direction to the second respondent to carry out a spot inspection to verify the petitioner's complaint and remove any illegal construction found.

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Ratio / Principle

The Court made it clear that the Corporation (2nd respondent) shall issue notice to all the private respondents before taking any action.

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Detailed headnote1 paragraphs

Madras HC (Chief Justice Manindra Mohan Shrivastava & Justice G.Arul Murugan; order made by the Chief Justice), 18.09.2025 — Writ petition (Art. 226, Constitution) by an adjoining owner alleging unauthorized and deviated construction by private respondents (Respondents 3-5) at No.30/85 Thiruvalluvar Salai, Teynampet, Chennai 600 018, encroaching on his property, with representations dated 15.04.2025 and 5.07.2025 to the Greater Chennai Corporation unanswered. Petition disposed of with direction to the Commissioner, GCC to conduct a spot inspection to verify the complaint and remove any illegal construction found, after issuing notice to all private respondents; no order as to costs.

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W.P.No.35117 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.09.2025

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CORAM :

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THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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W.P.No.35117 of 2025

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G.Kumar S/o. P.Gopal, No.29/83, Thiruvalluvar Salai, Teynampet, Chennai 600 018

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Petitioner

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1.The Secretary to Government Housing and Urban Development Dept., Secretariat, Chennai 600 009

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2.The Commissioner Greater Chennai Corporation, Chennai 600 009

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3.Ruvinder Mul Gadia

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4.Kanmal Gadia

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5.Kamal Gadia S/o. Kanmal Gadia Respondents 3 to 5 are residing in No.30/85 Thiruvalluvar Salai Teynampet, Chennai 600 018

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

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W.P.No.35117 of 2025

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PRAYER:

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Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2^nd respondent to inspect and demolish the unauthorized and deviated construction as per the plan permit of the building constructed in No.30/85 Thiruvalluvar Salai, Teynampet, Chennai 600 018 by considering the petitioner's representation dated 15.04.2025 and 5.07.2025 within a time frame fixed by this Hon'ble Court.

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For Petitioner: Mr.M.Navin Kumar

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For Respondents: Mr.T.K.Saravanan Addl. Government Pleader for respondent No.1

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Mr.A.Arun Babu Standing Counsel for respondent No.2

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ORDER

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

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Heard learned counsel for the parties.

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Taking into consideration the submission made by learned

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counsel for the petitioner that the alleged illegal construction made

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

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W.P.No.35117 of 2025

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by the private respondents has encroached upon the petitioner's own property and despite various representations, no action has

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been taken, we are inclined to dispose of this petition with a direction to the second respondent to carry out spot inspection to verify the complaint made by the petitioner and remove the illegal construction, if any, found.

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