S.ASHOK KUMAR vs THE COMMISSIONER

WP.No.28439 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP.No.28439 of 2026
CNR:{HCMA011598502026}
S.Ashok Kumar
..Petitioner
Vs
1. The Commissioner
Kundrathur Municipality,
Kundrathur,
Chennai-600 069.
2. P.Vinoth Kumar
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
st
for issuance of Writ of Mandamus, directing the 1 respondent to
nd
proceed further, by demolishing the construction of the 2 respondent
situated in Plot No.111, Metro Garden City, Kundrathur Village,
Kundrathur Taluk, Kanchipuram District in pursuant to the order dated
05.05.2025 issued by the Secretary, Housing and Urban Development
Department, Government of Tamil Nadu.
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WP.No.28439 of 2026
For Petitioner: Mr.S.Prabhu
For Respondents: Mr.P.Srinivas
Standing Counsel For R1
Mr.K.Krishnan For R2
ORDER
(Order of the Court was made by S.M.Subramaniam, J.)
Writ of Mandamus has been instituted to direct the respondents to
demolish the unauthorised construction/deviation made by the second
respondent in Plot No.111, Metro Garden City, Kundrathur Village,
Kundrathur Taluk, Kancheepuram District in pursuance to the order
dated 05.05.2025 issued by the Government.
2.The petitioner raised an allegation of unauthorised
construction/deviation in respect of the building constructed by the
second respondent. Issue went up to the Government and the appeal
under Section 80-A of the Tamil Nadu Town and Country Planning Act
was disposed of by the Government vide order dated 05.05.2025. The
Government passed the following order:
7.Considering the above facts and the
submissions made, the Government hereby pass the
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WP.No.28439 of 2026
following orders:
i.The Form-VI notice dated 15.06.2024 issued by
Kundrathur Municipality is hereby set aside.
ii.The Kundrathur Municipality shall issue fresh Form-IV
notice within 10 days indicating the statement of
violations/deviations following all statutory procedures
prescribed in Tamil Nadu Town and Country Planning
Act, 1971 and in compliance with G.O.(Ms).No.195,
Housing and Urban Development Department, dated
05.11.2022 issued for taking action against the
unauthorised/deviated building.
iii.The revision petitioner is directed to rectify the
deviation mentioned in the fresh notice to be issued by
Kurndrathur Municipality and obtain revised planning
permission from the competent authority for the
existing building satisfying Tamil Nadu Combined
Development and Building Rules, 2019.
iv.Kundrathur Municipality shall deseal the subject
building for a period of three months.
v.Kundrathur Municipality shall proceed with further
enforcement action against the revision petitioner’s
building, if the revision petitioner failed to comply with
the above directions within the time specified.
Since the said order has not been implemented, the present writ
petition came to be filed.
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WP.No.28439 of 2026
3.The learned counsel for the petitioner would mainly contend that
before the Government, the Tahsildar made a submission that the writ
petitioner has not made any encroachment in the subject property of
Thiru.P.Vinoth Kumar. However, the second respondent raised an
allegation of encroachment based on the Taluk Surveyor’s report.
Therefore, two different reports have been filed by Taluk Surveyor and
the said dispute is to be resolved between the parties in the manner
known to law.
4.Regarding the unauthorised construction/deviation, the
Government Order dated 05.05.2025 states that the second respondent
has constructed the building in violation of the building plan permission
granted. The Commissioner, Kundrathur Municipality filed a status
report which shows that the second respondent has still no rectified the
deviation in entirety. Portion of the unauthorised construction are
demolished but further deviations noticed yet to be corrected and the
building is to be restored as per the building plan permission granted. In
this regard, paragraph 9 of the report filed by the Commissioner,
Kundrathur Municipality reads as under:
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WP.No.28439 of 2026
9.Therefore as on date, the final orders against
the second respondent have been passed and the
deviations in the building are as follows:
Building Details
Setbacks, Buildings Height and Parking Details in Ground Floor
S.No. Setbacks, Buildings Height
As per approved
Provided at site (m) Difference (m)
and Parking Details
Plan
1 Front Set back 3.0 M 0.9 2.10
2 Side Set back - 1 1.0 & 1.38 M 0.77 M & 1.0 M 0.23 & 0.38 M
3 Side Set back - 2 1.50 M Roof Slab covered 1.50 M
4 Rear Set back 1.0 M 0.77 M 0.23 M
5 Two Wheeler Parking 4 Nos. 2 Nos. 2 Nos.
6 Four Wheeler Parking 2 Nos. 2 Nos.
10.As such the deviations of the second
respondent are being proceeded against by this
respondent. In regard to the set back deviation in the
rear of the building of the second respondent, the
allegation that the petitioner has occupied an extent of 1
feet is demonstrated by the Survey report of the Taluk
Surveyor as being under the occupation of the petitioner
and if the same is remove, the said deviation does not
exist.
5.In view of the above factum, the second respondent is directed to
correct the deviations and demolish the unauthorised portion of the
construction and restore the building as per the building plan permission
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WP.No.28439 of 2026
within a period of one month from the date of receipt of a copy of this
order, failing which, the first respondent Commissioner shall carry out
the correction of deviation/demolish the unauthorised construction and
recover the cost from the second respondent.
6.With these directions, the Writ Petition stands disposed of. No
costs.
(S.M.S.,J.) (R.R.V.,J.)
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
cse
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WP.No.28439 of 2026
To
The Commissioner,
Kundrathur Municipality,
Kundrathur,
Chennai-600 069.
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WP.No.28439 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WP.No.28439 of 2026
02-11-2026
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