Dismissed¶37

P.Muthukrishnan v. the Commissioner

Madras HC13 Mar 2026WP/41263/2025

Case brief

AI extract

What is this about?

Greater Chennai Corporation; Executive Engineer No.7; removal of unauthorised development; notice No.III/N07/N082/00090/2025 dated 09.10.2025; Section 56(1) Tamil Nadu Town and Country Planning Act 1971 (Tamil Nadu Act 35 of 1972); writ of certiorari; Article 226; allegation of order passed without mandatory prior notice; respondents produced notice and petitioner's reply; withdrawal with liberty to file appeal; dismissed as withdrawn; no costs; WMP No.46197 of 2025 closed; approved plots 22, 23, 28; Survey Nos.787/1A2, 787/1A1B; Pattaravakkam Service Road, Kallikuppam, Ambattur, Chennai.

What did the court decide?

Writ petition dismissed as withdrawn, with liberty to file an appeal against the impugned order in accordance with law; no order as to costs; WMP No.46197 of 2025 closed. ¶37

P.Muthukrishnan Vs the Commissioner — Writ and Judicial Review | Madras HC (2026)

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WP No.41263 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.03.2026

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CORAM

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THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI,

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CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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WP No.41263 of 2025

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P.MUTHUKRISHNAN PROPRIETOR,

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M/S.VIVEKA LANDSCAPE ARCHITECT HAVING OFFICE AT NO.5/1033, BURMA COLONY, 1^st MAIN ROAD, 1^st FLOOR, KANDHACHAVANDI, PERUNGUDI, CHENNAI-600 096. : Petitioner

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Versus

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1.THE COMMISSIONER GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

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2.THE EXECUTIVE ENGINEER NO.7, GREATER CHENNAI CORPORATION, RIPPON BUILDING, CHENNAI-600 003.

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3.THE ZONAL OFFICER, ZONE-VII (AMBATTUR) GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD, AMBATTUR, CHENNAI-600 053.

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4.THE ASSISTANT ENGINEER WARD 82 GREATER CHENNAI CORPORATION, THIRUVALLUR HIGH ROAD,

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

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WP No.41263 of 2025

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AMBATTUR, CHENNAI-600 053.

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5.T.S.BALAJI

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OLD NO.43, NEW NO.35/2, 5TH STREET, SANTHI NAGAR, VYASARPADI, CHENNAI-600 096.

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6.T.S.SRINIVASAN

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OLD NO.43, NEW NO.35/2, 5TH STREET, SANTHI NAGAR, VYASARPADI, CHENNAI-600 096. : Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records of the 2^nd respondent pertaining to impugned notice No.III/N07/N082/00090/2025, dated 09.10.2025 issued under Section 56(1) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act, 35 of 1972) regarding removal of unauthorised development carried in the 5th respondent’s land bearing approved plots Nos.22,23 and 28 comprised in Survey Nos.787/1A2 and 787/1A1B, located at Pattaravakkam Service Road, Kallikuppam, Ambattur, Chennai-600 053 and quash the same.

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For Petitioner : Mr. Gowtham.K. For Respondents : Mr. E.C.Ramesh Standing Counsel, For RR1 To R4 Mr. B.Pachaiyappan, For R5.

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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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The only grievance raised by the petitioner in this writ petition is that the impugned order dated 09.10.2025 has been passed without issuing mandatory notice to the petitioner, as required under the law.

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

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WP No.41263 of 2025

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However, respondents have filed typed set of papers,

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enclosing a copy of the notice issued to the petitioner as well as reply filed by the petitioner. It is seen that only thereafter, the impugned order has been passed.

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At this stage, the petitioner seeks to withdraw the writ

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petition with liberty to file an appeal against the impugned order, in accordance with law.

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In view of the same the writ petition is dismissed as withdrawn, with the aforesaid liberty. There will be no order as to costs. Consequently, WMP No.46197 of 2025 is closed.

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(SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 13.03.2026

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Index : Yes/No Neutral Citation : Yes/No tar

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

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WP No.41263 of 2025

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