2025:MHC:691 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.03.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.P.No.38119 of 2024

1. Mr.M.Gabriel Dayanand

2. Mr.M.Jaiprakash Nathaniel

3. Mr.Benston Thasiah .. Petitioners v.

1. Chennai Metropolitan Development Authority rep.by its Member Secretary 'Thalamuthu Natarajan Maligai'

No.1, Gandhi Irwin Road, Egmore Chennai 600 008

2. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003

3. Green Valley Educational Trust rep.by its Managing Director No.2, Kalamegam Road Mogappair West Chennai 600 037 .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1^st and 2^nd respondents herein to perform their statutory public duty under section 56 of the Tamil Nadu Town and Country Planning Act, 1971 to restore the land in Town Survey Nos.5/7, 6/1, Athipet Ward, Ambattur Taluk, Chennai District to its original condition by demolishing the unauthorised construction made by the 3^rd respondent herein without obtaining approval from the 1^st and 2^nd respondents herein.

For Petitioners :: Mr.S.Gokul For Respondents :: Mr.C.Manoharan Standing Counsel for R1 Mr.E.C.Ramesh Standing Counsel for R2 No appearance for R3 ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.)

W.M.P.No.41254 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.

2. The writ of mandamus has been instituted to direct the respondents

1 & 2 to perform their statutory public duty under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 to restore the land in Town Survey Nos.5/7, 6/1, Athipet Ward, Ambattur Taluk, Chennai District to its original condition, by demolishing the unauthorised construction made by the 3^rd respondent herein without obtaining approval from the 1^st and 2^nd respondents herein.

3. With reference to the allegations of the petitioners that the third respondent constructed the lab building, which is wholly unauthorised, this Court directed the Greater Chennai Corporation to file a status report. The Zonal Officer, Zone VII, Greater Chennai Corporation filed a counter affidavit, which reveals the following facts:-

“4. It is submitted that, against the above locking and sealing of the lab portion, the petitioner has now made a petition to department of housing & urban dated 12.06.2023 to the Government for de-sealing the lab building. The petitioner in his petition has stated that the Green Valley Central School was established by Green Valley Educational Trust, a charity from 1992. They are conducting classes from LKG to Std XII with about 900 children and 57 teaching staff. He has also stated that the lab building with Ground & First floor was constructed in Survey No.106/1 part of village for which they could not obtain Planning Permission from Greater Chennai Corporation during July 1996. The builder constructed the lab building without providing set back on the rear side which is a deviation. Hence, the lab building was locked & sealed by the Greater Chennai Corporation during 2013. The petitioner also stated that now he is willing to demolish the building as after constructing alternate lab building. Therefore, requested the government to unlock the lab building for the sake of offering education to children.

5. It is submitted that, in this regard, personal hearing was conducted on 24.8.2023, the petitioner attended the hearing, Greater Chennai Corporation, did not attend the hearing. Hence the hearing was adjourned.

6. It is submitted that, accordingly final hearing was conducted on 24.8.2023, the representative of the school and Greater Chennai Corporation official was present.

7. It is submitted that, GCC officials informed that the petitioner has obtained approval for the school building from CMDA planning permission letter No.REGZ/I/C7/17277 dated 23.2.2023 however, constructed add