High Court · 2025

W.P.Nos.13100, 21190 & 23430 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21.11.2025CORAM THE HONOURABLE MR. JUSTICE M.S. RAMESHANDTHE HONOURABLE MR. JUSTICE R. SAKTHIVELW.P.Nos.13100, 21190 & 23430 of 2019and W.M.P.Nos.13244, 13246 of 2019, 4495, 8115 of 2020, 23206, 23208 & 29672 of 2019WP.No.13100/2019Marina Square Flat Owners Association,Rep. by its President,No.53, Santhome High Road,Mylapore, Chennai – 600 004.... PetitionerVs.1.State of Tamil Nadu,Rep. by its Secretary to Government,Housing and Urban Development Department,Fort St.George, Chennai – 600 009.2.Chennai Metropolitan Development Authority,Rep. by its Member Secretary,No.1, Gandhi Irwin Road,Egmore, Chennai – 600 008.3.Corporation of Chennai,Rep. by its Commissioner,Ripon Building, Chennai – 600 003.Page 1 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 20194.Tamil Nadu Electricity Board,Rep. by its Chairman cum Managing Director,N.P.K.R.R. Maaligai, Electricity Avenue,New No.144, Anna Salai,Chennai – 600 002.5.Tamil Nadu Water Supply and Drainage Board,Rep. by its Managing Director,31, Kamarajar Salai,Chepauk,Chennai – 600 005.6.M/s.Ferdous Estate Pvt. Ltd.,Marina Square A-Block,5th Floor, No.26-27, Santhome High Road,Mylapore, Chennai – 600 004.7.Chennai Metropolitan Water Supply & Sewarage Board,Rep. by its Managing Director,No.1, Pumping Station Road,Chintadripet, Chennai – 600 031.... Respondents[R7 is impleaded vide order made in WMP.No.24016 of 2019 by CJ & MDJ on 04.09.2019]Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to de-occupy and demolish unauthorised 4th, 5th & 6th floor (Part) and remove the commercial enclosures put up by builders (6th respondent) in the stores area in Marina Square Flats, Door Nos.51-53, Santhome High Road, Mylapore, Chennai – 600 004.For Petitioner: Mr.Mohan, Senior Counsel for Ms.K.Sumathi Page 2 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 2019For R1: Mr.K.Suresh, Government AdvocateFor R2: Mr.P.Kumaresan, Additional Advocate General, assisted by Ms.P.Veena SureshFor R3: Mr.D.B.R.Prabhu, Standing CounselFor R4: Mr.P.R.Dhilip KumarFor R5: Mr.M.Pradeep Shankar, TWAD BoardFor R6: Mr.R.Arokia Velankanni StalinFor R7: Mr.Jerry V.V.Sundar WP.No.21190/2019M/s.Ferdous Estate Pvt. Ltd.,Rep. by its Director,M H Ferdous Begum,Marina Square ‘A’ Block,5th Floor, No.26-27, Santhome High Road,Mylapore, Chennai – 600 004. ... PetitionerVs.1.The Government of Tamil Nadu,Rep. by its Secretary,Housing and Urban Department,Fort St.George,Chennai – 600 009.Page 3 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 20192.Chennai Metropolitan Development Authority,Rep. by its Member Secretary,1, Gandhi Irwin Road,Egmore, Chennai.3.Marina Square Flat Owners Association,Rep. by its President,Mr.S.Dinahar,53, Santhome High Road,Mylapore, Chennai – 600 004.... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to consider and dispose the petitioner’s representations dated 02.11.2018 and 21.06.2019 in accordance with law within the time limit to be stipulated by this Court.For Petitioner: Mr.R.Arokia Velankanni StalinFor R1: Mr.K.Suresh, Government AdvocateFor R2: Mr.P.Kumaresan, Additional Advocate General, assisted by Ms.P.Veena SureshFor R3: Mr.Mohan, Senior Counsel for Ms.K.SumathiWP.No.23430/2019M/s.Ferdous Estate Pvt. Ltd.,Rep. by its Director,M H Ferdous Begum,Marina Square ‘A’ Block,Page 4 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 20195th Floor, No.26-27, Santhome High Road,Mylapore, Chennai – 600 004. ... PetitionerVs.Chennai Metropolitan Development Authority,Rep. by its Member Secretary,1, Gandhi Irwin Road,Egmore, Chennai.... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to forbear the respondent from taking any coercive action till the disposal of regularisation application dated 21.06.2019 given by the petitioner based on new notification No.36 dated 18.01.2019 published in Gazette of India, in respect of petitioner’s property situated at Door No.26/27 Santhome High Road, Mylapore, Chennai – 600 004.For Petitioner: Mr.R.Arokia Velankanni StalinFor Respondent: Mr.P.Kumaresan, Additional Advocate General, assisted by Ms.P.Veena SureshCOMMON ORDER(Order of the Court was made by M.S.RAMESH, J.)The grievance of the petitioner Association in WP.No.13100 of 2019 is that though action has been taken by the second respondent CMDA and Page 5 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 2019they have locked and sealed the unauthorized construction in 4th, 5th and 6th floors, as well as the part of the basement, action has not been taken for reoccupying the tenants and further demolition of the unauthorized construction.2. The learned Additional Advocate General appearing for the second respondent CMDA would submit that unless and until all the occupants in the ground floor + 3 floors vacate the premises and handover the vacant possession, CMDA will not be in a position to demolish the unauthorized portion.3. To such a submission, the learned Senior Counsel appearing for the petitioner would submit that some of the residents need time to vacate the premises for various reasons, including the continuing education of their children. 4. The learned counsel appearing for the sixth respondent/developer also submitted that he is willing to vacate the premise, if time is granted till the month of June, 2026. Page 6 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 20195. The learned Senior Counsel appearing for the petitioner had also agreed that all the occupants will vacate the premises by the end of June, 2026. 6. The learned Additional Advocate General, on instructions, submitted that, as and when the vacant possession of the property will be handed over, CMDA would complete the demolition process within a period of three months therefrom. 7. The submissions of the learned Senior Counsel for the petitioner, learned Additional Advocate General appearing for the second respondent, as well as the learned counsel appearing for the sixth respondent, are hereby recorded. 8. Accordingly, all the occupants of the Marina Square are called upon to vacate their respective flats/apartments on or before 30.06.2026 and thereafter, the second respondent herein/CMDA shall carry out the demolition operations and complete the same within a period of three (3) months from the date on which the vacant possession of the building is handed over to them. The second respondent CMDA is also at liberty to Page 7 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 2019recover the cost of the demolition process from the sixth respondent herein, in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971.9. With the above directions, WP.No.13100 of 2019, stands disposed of. No costs. Connected miscellaneous petitions are closed. 10. Insofar as W.P.Nos.21190 & 23430 of 2019 are concerned, for the unauthorised construction put up by the petitioner herein in the building at Survey Nos.2424, 2425/1, located at Santhome High Road, Mylapore, Chennai – 600 004, the petitioner had made an application to CMDA, seeking for regularisation of unauthorised construction. His application came to be dismissed on 13.03.2015. Thereafter, he had preferred an appeal on 10.04.2015, which also was rejected on 29.06.2017. It appears that the petitioner herein had also given representations on 02.11.2018 and 21.06.2019 and in these Writ Petitions, he seeks for a direction to the respondent to dispose of these representations, within a time limit, as well as forbearing the respondent from taking any coercive action pending the disposal of the regularisation application. Page 8 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 201911. When the original application seeking for regularisation of the unauthorised portions of the building has already been rejected and confirmed in appeal, there is no provision under the Tamil Nadu Town and Country Planning Act, 1971, to make a subsequent application seeking for regularisation. 12. As a matter of fact, when the petitioner’s regularisation application came to be rejected by the Appellate Authority, he has challenged the same before this Court in W.P.No.11141 of 2018, which was dismissed on 08.10.2018. The subsequent challenge before the Hon’ble Supreme Court in SLP.No.27825 of 2018 was also withdrawn by him on 12.10.2018. 13. As such, the order of the Original Authority, rejecting the petitioner’s claim for regularisation, has become final. While that being so, it would not be permissible for the petitioner herein to subsequently make representations, in the absence of any provision seeking for regularisation. Page 9 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 201914. In the above circumstances, the prayer sought for in W.P.Nos.21190 & 23430 of 2019, cannot be entertained and accordingly, both the Writ Petitions stand dismissed. No costs. Connected miscellaneous petitions are closed. [M.S.R, J.] [R.S.V, J.] 21.11.2025Index: YesSpeaking orderNeutral Citation: YesSniTo1.The Secretary to Government of Tamil Nadu,Housing and Urban Development Department,Fort St.George, Chennai – 600 009.2.The Member Secretary,Chennai Metropolitan Development Authority,No.1, Gandhi Irwin Road,Egmore, Chennai – 600 008.3.The Commissioner,Corporation of Chennai,Ripon Building, Chennai – 600 003.Page 10 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 20194.The Chairman cum Managing Director,Tamil Nadu Electricity Board,N.P.K.R.R. Maaligai, Electricity Avenue,New No.144, Anna Salai,Chennai – 600 002.5.The Managing Director,Tamil Nadu Water Supply and Drainage Board,31, Kamarajar Salai, Chepauk, Chennai – 600 005.6.M/s.Ferdous Estate Pvt. Ltd.,Marina Square A-Block,5th Floor, No.26-27, Santhome High Road,Mylapore, Chennai – 600 004.7.The Managing Director,Chennai Metropolitan Water Supply & Sewarage Board,No.1, Pumping Station Road,Chintadripet, Chennai – 600 031.8.Mr.S.Dinahar, President,Marina Square Flat Owners Association,53, Santhome High Road,Mylapore, Chennai – 600 004.Page 11 of 12 https://www.mhc.tn.gov.in/judis W.P.Nos.13100, 21190 & 23430 of 2019M.S.RAMESH, J.andR. SAKTHIVEL, J.SniW.P.Nos.13100, 21190 & 23430 of 201921.11.2025Page 12 of 12