Dismissed¶34

R.Lakshmipathy v. the Commissioner

Madras HC16 Dec 2025WP/48128/2025

Case brief

AI extract

What is this about?

Keywords: writ maintainability; Article 226 Constitution of India; Writ of Certiorarified Mandamus; execution of civil court decree; remedy lies before Execution Court; private dispute not resolvable in writ jurisdiction; building plan approval and permission; Greater Chennai Corporation; Chennai Metropolitan Development Authority (CMDA); Approval No.:D8/06935/2022; Permission No.D8/05861/2022 dated 22.08.2022; stop work notice; demolition of illegal construction; common passage; Villivakkam, Chennai; Mohamed Ajmal; Y.Durgesh Babu; writ petition dismissed; W.M.P.Nos.53786, 53787 and 53788 of 2025.

What did the court decide?

The writ petition is not maintainable. ¶32

R.Lakshmipathy Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

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W.P.No.48128 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.12.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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W.P.No.48128 of 2025 and

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W.M.P.Nos.53786, 53787 and 53788 of 2025

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1.R.Lakshmipathy

2.Y.Durgesh Babu

... Petitioners

-vs-

1.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.

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

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3.The Assistant Executive Engineer, Zone – 8 (Building and approval) Greater Chennai Corporation, 36B/12B, Near Thiru Vi Ka Park, Pulla Avenue, Pulla Avenue Road, Shenoy Nagar – 600030.

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4.Mohamed Ajmal

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... Respondents

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1/5

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

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W.P.No.48128 of 2025

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Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the record of the respondents 1 and 2 vide Approval No.:D8/06935/2022 and Permission No.D8/05861/2022 dated 22.08.2022 and quash the same and consequently direct 1^st and 2^nd respondents to issue stop work notice to the 3^rd respondent and to demolish the illegal construction made by the 3^rd respondent in so far as common passage at Door No.17/12A, Reg Hills Road, 5^th Street, Villivakkam, Chennai.

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For Petitioners : Mr.S.Vijayakumar

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For Respondents : Mrs.Aswini Devi.K, Standing Counsel for R1 and R3

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Ms.T.Anjalie Udaya Rani for Mr.Akhil Akbar Ali, Standing Counsel for R2

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O R D E R

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

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The learned counsel for the petitioners would submit that a civil suit

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has been instituted and a decree was passed in favour of the 2^nd petitioner. In contravention to the decree passed by the civil Court, building plan permission has been granted by the Chennai Corporation. He would further submit that a representation was submitted, which was not responded. Therefore, the present Writ Petition came to be instituted.

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2/5

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

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W.P.No.48128 of 2025

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2. The Writ Petition is not maintainable. To execute a decree

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passed by the civil Court, the petitioners have to approach the Execution Court for appropriate relief in the manner known to law. That apart, it is a private dispute between the petitioners and the 4^th respondent, which cannot be resolved by the writ Court under Article 226 of the Constitution of India.

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3. Thus, the Writ Petition is not maintainable and stands dismissed . No costs. W.M.P.No.53786 of 2025 filed to permit the petitioners to jointly file a single Writ Petition is ordered and the other connected miscellaneous petitions are closed.

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(S.M.S,J.,) (C.K,J.,) 16.12.2025

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Index: Yes / No Internet: Yes / No dsa

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3/5

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

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W.P.No.48128 of 2025

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To:

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1.The Commissioner, Greater Chennai Corporation, Chennai – 600 003.

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2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maligai, No.1, Gandhi Irwin Road, Egmore,

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Chennai -600 008.

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3.The Assistant Executive Engineer, Zone – 8 (Building and approval) Greater Chennai Corporation, 36B/12B, Near Thiru Vi Ka Park, Pulla Avenue, Pulla Avenue Road, Shenoy Nagar – 600030.

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