K.Rengaswamy vs The Commissioner

2026:MHC:4413
WP No. 33873 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 33873 of 2026
CNR: {HCMA011769832026}
1. K.Rengaswamy
2. S.Gomathi
..Petitioner(s)
Vs
1. The Commissioner
Greater Chennai Corporation,
Ripon Building, E.V.R. Periyar Salai,
Chennai-600 003
2. The Member Secretary
Chennai Metropolitan Development
Authority,
“Thalamuthu Natrajan Maaligai”,
No.1, Gandhi Irwin Road, Egmore,
Chennai-600 008
3. The Assistant Engineer
Town Planning section-Central Region,
Zone IX, Ward No.124
Greater Chennai Corporation,
Kutcheri Road, Mylapore,
Chennai-600 004
4. P.R.Shanmugamurthy
5. Kalpana Murthy
6. Vijayakumar
7. V.Vignesh
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2026:MHC:4413
WP No. 33873 of 2026
8. Jayanthi Vijayakumar
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India issuing writ of mandamus directing the respondents 1 to 3 to take
action in accordance with law against the unauthorised construction of
approximately 1,450 sq.ft. put up on the common terrace above the
second floor of the building at New Door Nos.53 and 55, Old Nos. 24
and 25, Thengur Selva Vinayagar Koil Street, Mylapore, Cehnnai-600
004 comprised in R.S. No.3087, Block No.61, Mylapore village, in
deviation of the sanctioned planning permission No. PPA/ WDCN09/
07184/ 2015 dated 18.02.2016 and building permission No.BA/ WDC09/
00572/ 2016 dated 18.02.2016 including demolition and removal of the
said unauthorised construction and clearance of the encroachment on
the common terrace considering the petitioners representations dated
11.07.2026, 13.07.2026 and 15.07.2026 respectively.
For Petitioner(s): Mr.Eswar, Kumar And Rao
For Respondent(s): Mr. D.B.R. Prabhu
Standing Counsel (Gcc) For R 1-3
Ms.S. Mridula Royan
Standing Counsel (Cmda) For R2
Ms.Ankita For M/S.Varam Legal For R 4-8
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Writ of mandamus has been instituted directing the respondents 1
to 3 to take action in accordance with law against the unauthorised
construction of approximately 1,450 sq.ft. put up on the common terrace
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2026:MHC:4413
WP No. 33873 of 2026
above the second floor of the building at New Door Nos.53 and 55, Old
Nos. 24 and 25, Thengur Selva Vinayagar Koil Street, Mylapore,
Cehnnai-600 004 comprised in R.S. No.3087, Block No.61, Mylapore
village, in deviation of the sanctioned planning permission No. PPA/
WDCN09/ 07184/ 2015 dated 18.02.2016 and building permission
No.BA/ WDC09/ 00572/ 2016 dated 18.02.2016 including demolition and
removal of the said unauthorised construction and clearance of the
encroachment on the common terrace considering the petitioners
representations dated 11.07.2026, 13.07.2026 and 15.07.2026
respectively.
2. The Executive Engineer, Zone IX, Greater Chennai Corporation
has filed a status report stating that competent authority conducted
inspection and received documents from the owners of the building. On
verification of the building plan permission and after conducting survey,
authorities identified unauthorised deviations made in contravention of
the building plan permission granted. Thus, enforcement actions are
initiated for demolition of unauthorised portion of the building at Door
Nos.53 and 55, Old Nos.24 and 25, Thengur Selva Vinayagar Koil
Street, Mylapore, Chennai – 600 004.
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2026:MHC:4413
WP No. 33873 of 2026
3. Authorities of Chennai Corporation would submit that
enforcement action initiated will be continued by following the
procedures.
4. In view of the facts stated above, the official respondents are
directed to continue enforcement actions by following the procedures as
contemplated under the relevant statutes and rules in force, and
demolish the unauthorised portion of the construction and restore the
building in accordance with the building plan permission granted by the
competent authorities within a period of twelve weeks from the date of
receipt of a copy of this order.
5. With the above direction, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions, if any, are
closed.
(S.M.S.,J.) (R.R.V.,J.)
28-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
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2026:MHC:4413
WP No. 33873 of 2026
To
1. The Commissioner
Greater Chennai Corporation,
Ripon Building, E.V.R. Periyar Salai,
Chennai-600 003
2. The Member Secretary
Chennai Metropolitan Development
Authority,
Thalamuthu Natrajan Maaligai,
No.1, Gandhi Irwin Road, Egmore,
Chennai-600 008
3. The Assistant Engineer
Town Planning section-Central Region,
Zone IX, Ward No.124
Greater Chennai Corporation,
Kutcheri Road, Mylapore,
Chennai-600 004
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2026:MHC:4413
WP No. 33873 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 33873 of 2026
28-10-2026
1/2
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