Javed Chaudry vs Member Secretary Chennai Metropolitan Development Authority (CMDA)

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2026 Supreme(Online)(Mad) 38063

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
Javed Chaudry – Appellant
Versus
Member Secretary Chennai Metropolitan Development Authority (CMDA) – Respondent
W.P.No.17055 of 2026 & W.M.P.Nos.18358 & 18359 of 2026

Important Points

Mandamus petition disposed upon respondents' undertaking to act against illegal construction per law.

Subject

Civil - Writ Petition

Act Referred

Constitution of India: Art.226
Town and Country Planning Act: S.56, S.57

Headnote

The petition under Article 226 of the Constitution seeks a writ of Mandamus directing respondents to act against illegal construction under Sections 56 and 57 of the Town and Country Planning Act. Essential facts involve petitioners alleging unauthorized building by a private respondent, prompting directions for enforcement action. The court notes the Corporation's issuance of notice and commitment to proceed lawfully. The primary issue is whether mandamus is warranted to enforce action against the alleged illegal construction. The ratio decidendi rests on the respondents' undertaking to issue notice dated 24.02.2026 for document production and proceed in accordance with law, rendering further judicial intervention unnecessary. The writ petition stands disposed of with no order as to costs; the miscellaneous petition for joint filing is allowed.

Advocates:
For Petitioner(s): Mr.Gopalakrishnan T.C
For Respondent(s): Mrs.P.Veena Suresh Standing Counsel for R1, Mr.D.B.R.Prabhu Standing Counsel for R2 to R4

Table of Content
1. petition seeks mandamus against illegal construction. (Para 1)
2. corporation issues notice and undertakes lawful action. (Para 2)
3. petition disposed based on respondents' submission. (Para 3)

This petition has been filed, under Article 226 of the Constitution of India, seeking a writ of Mandamus to direct respondents 1 to 3 to take action against illegal construction put up by fifth respondent under Sections 56 and 57 of the Town and Country Planning Act.

2. Learned Standing Counsel for Corporation, who accepts notice for respondents 2 to 4, on instructions, submits that notice dated 24.02.2026 has been issued for production of documents and he undertakes that the Corporation would proceed in accordance with law.

3. In view of the aforesaid submission, this writ petition stands disposed of. There shall be no order as to costs. W.M.P.No.18358 of 2026 filed to permit the petitioners to join together and file single writ petition is allowed, as they have paid separate court-fee. Consequently, the other interim application is closed.