S.Kamurudeen vs The Member secretary

2026:MHC:4478
WP No. 44059 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 44059 of 2026
CNR: {HCMA012503292026}
S.Kamurudeen
..Petitioner(s)
Vs
1. The Member secretary
Chennai Metropolitan Development
Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai- 600 008.
2. The Commissioner of Corporation
Greater Chennai Corporation,
Rippon Building,
Chennai-003.
3. The Assistant Planner
Enforcement Wing (EC),
Greater Chennai Corporation,
Rippon Building,
Chennai-600 03.
4. H.Shamshad Begum
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of
India issuing writ of certiorarified mandamus to call for the records on the
st rd
file of the 1 Respondent in his notice cum Order also signed by 3
respondent in Notice No.EC/ N- 1/ 3618/ 2026, dated 07.07.2026 and
quash the same as illegal null and void and consequently permit the
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petitioner to complete the construction of his building situated at old
No.7, New No.13, Velayutham Street, Clive Battery, VOC Nagar,
Chennai- 600 001.
For Petitioner(s): Mr.S.Venkatesh
For Respondent(s): Mrs.Girija Velmurugan
Standing Counsel For R-1
Ms.R.V. Gayatri
Standing Counsel For R 2,3
Mr.A.G. Vedavikas For Mrs.V.Srimathi For R4
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
Writ on hand has been instituted challenging the Form-V notice
issued by the Chennai Metropolitan Development Authority (CMDA) to
discontinue ongoing unauthorised development vide proceedings, dated
07.07.2026.
2. The adjacent owner to the subject building made a complaint
regarding unauthorised construction and violation committed by the writ
petitioner. Complainant filed W.P.No.20812 of 2026. Subsequently,
enforcement actions were initiated. CMDA issued Form-I notice for
production of documents vide notice dated 18.06.2026. Thereafter, site
inspection was conducted by the authority on 25.06.2026. Authorities
identified deviation / unauthorized construction and issued the impugned
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WP No. 44059 of 2026
notice on 07.07.2026. The authorities identified following violations /
deviations during the inspection:
“- Stilt floor + 3 floors structurally completed.
- On the southern and western side, the building
has been constructed without leaving the side
and front setback respectively.
- The splay on the southwest corner of the
building has not been Constructed as per
approved plan.
- Balcony of size 1.1m x 4.4m at first floor level
has been constructed encroaching the road.
Projections on the second floor and third floor
could not be ascertained since the ongoing
construction is happening.
- The construction work is still in progress.”
3. Mr.S.Venkatesh, learned counsel for the petitioner would mainly
contend that petitioner has not committed any violation / deviation. The
building constructions are progressed based on the building plan
permission granted.
4. In view of the said submission, when the writ petition was heard
on 30.10.2026, this Court directed the CMDA authority to file a report
before this Court. In pursuance of the interim order, CMDA authorities
filed plan along with photographs as well as inspection sketch of the
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2026:MHC:4478
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present stage of the construction. Based on the inspection and by
identifying the violations / deviations, a compliance report has also been
submitted before this Court. The compliance report would show that
petitioner has committed violations / deviations in respect of the building
plan permission granted by the competent authorities. Accordingly, the
impugned Form-V notice to discontinue ongoing unauthorised
development has been issued, and it was informed to the Greater
Chennai Corporation, Zone-V along with the copy of the inspection
report. Enforcement action are to be initiated by the competent authority
of the Greater Chennai Corporation.
5. In view of the above factual position, authorities of the Greater
Chennai Corporation are directed to proceed with the enforcement
actions as per the compliance report filed by CMDA authorities.
Inspection plan submitted before this Court would also show that
petitioner has committed violations/deviations and that being the factum
placed before this Court by the competent authorities of CMDA,
Corporation authorities have to initiate enforcement actions by following
the procedures as contemplated. Meanwhile, petitioners are at liberty to
correct the deviations / unauthorized constructions by demolishing the
said portion and to restore the building as per the original building plan
permission granted within a period of two weeks from today. In event of
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not complying with the building plan permission, Greater Chennai
Corporation authorities shall demolish the deviated and unauthorised
portion of the construction and restore the building as per the building
plan permission granted and recover the cost from the petitioners by
following the procedure.
6. With the above observation, the writ petition is dismissed. No
costs. Consequently, the connected miscellaneous petitions, if any, are
closed.
(S.M.S.,J.) (R.R.V.,J.)
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
To
1. The Member secretary
Chennai Metropolitan Development
Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai- 600 008.
2. The Commissioner of Corporation
Greater Chennai Corporation,
Rippon Building,
Chennai-003.
3. The Assistant Planner
Enforcement Wing (EC),
Greater Chennai Corporation,
Rippon Building,
Chennai-600 03.
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2026:MHC:4478
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S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
GD
WP No. 44059 of 2026
03-11-2026
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