Disposed¶22

S.Venkatesan v. the Commissioner

Madras HC24 Jun 2026WP/22789/2026

Case brief

AI extract

What is this about?

W.P. 22789 of 2026, Madras High Court, 24-06-2026; building plan deviation — stilt floor enclosed with walls and used commercially contrary to sanction requiring it vacant/open; setbacks compliant, no other major deviations; certiorari against Chengalpattu Municipality order Na.Ka.No.2304/2022/F1 dt. 06.03.2025; direction to remove unauthorised stilt-floor structure and restore vacancy; petition disposed, no costs, W.M.P.Nos.24724 & 24799 of 2026 closed.

What did the court decide?

Direction to the authorities (Commissioner, Chengalpattu Municipality) to remove the additional structure put up in the stilt floor and make it vacant as per the building plan permission; no order as to costs; connected W.M.P.Nos.24724 & 24799 of 2026 closed. ¶22

S.Venkatesan Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the building constructed deviates from the sanctioned building plan — specifically whether the stilt floor, which was to be kept vacant and open, has been closed by walls and put to commercial use — and what corrective action the authorities should take.

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Court's answer

As per the Commissioner's report filed in furtherance of this Court's order dated 16.06.2026, the sole deviation from the building plan concerns the stilt floor, which was supposed to be kept vacant and open but has been closed by walls and used for commercial purposes; apart from the stilt floor construction there are no major deviations, and the front side and rear setbacks are available as per the rules.

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Ratio / Principle

Recording the Commissioner's report, the Writ Petition stands disposed of with a direction to the authorities to take action for removing the additional structure put up in the stilt floor and to make it vacant as per the building plan permission; there is no order as to costs and the connected Miscellaneous Petitions are closed.

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Detailed headnote1 paragraphs

Madras High Court (order made by Dr. G. Jayachandran J.; bench of Dr. G. Jayachandran and N. Mala JJ.) disposed of a writ petition under Article 226 challenging the order of the Commissioner, Chengalpattu Municipality in Na.Ka.No.2304/2022/F1 dated 06.03.2025. Acting on the Commissioner's report filed pursuant to the Court's interim order dated 16.06.2026, the Court recorded that the only deviation from the sanctioned building plan was that the stilt floor — required to be kept vacant and open — had been closed by walls and put to commercial use, while the front and rear setbacks complied with the rules and no other major deviations existed. The Court directed the authorities to take action to remove the additional structure in the stilt floor and restore it vacant as per the building plan permission, made no order as to costs, and closed the connected miscellaneous petitions.

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W.P.No.22789 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-06-2026

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CORAM

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THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE N. MALA

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W.P.No.22789 of 2026

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& W.M.P.Nos.24724 & 24799 of 2026

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S.Venkatesan, S/o.Sriramalu, No.16 Bajanai Kovil Street, Velachery, Chennai-600 042.

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… Petitioner

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Vs.

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The Commissioner, Chengalpattu Municipality, Chengalpattu – 603 002.

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… Respondent

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Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue writ of certiorari, call for the records pertaining to the order passed by the respondent in Na.Ka.No.2304/2022/F1 dated 06.03.2025.

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For Petitioner: Mr.S.Praveenkanth For Respondent: Mr.P.Srinivas, Standing Counsel

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Page Nos.1/4

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

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W.P.No.22789 of 2026

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O R D E R

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(Order of the Court was made by G.Jayachandran J.)

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The report filed by the Commissioner, Chengalpattu Municipality, in

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furtherance of the order passed by this Court on 16.06.2026, indicates that there is a deviation of the building plan in respect of construction on the stilt floor. The stilt floor, which was supposed to be kept vacant and open has now been closed by walls and used for commercial purposes. That apart, there are no major deviations in the building. The front side and rear setbacks are available as per the rules, apart from the stilt floor construction, there are no other deviations.

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2. Recording the same, the Writ Petition stands disposed of with a direction to the authorities to take action for removing the additional structure put up in the stilt floor and make it vacant as per the building plan permission. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

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(Dr. G.JAYACHANDRAN, J.)(N.MALA, J.)

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24-06-2026

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Index :Yes/No. Neutral Citation :Yes/No. bsm

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Page Nos.2/4

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

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W.P.No.22789 of 2026