C.Shanmugham v. The Commissioner

Order (Order of the Court was made by S.M.Subramaniam J.)

The present review application has been filed seeking to review the order of this Court dated 25.06.2024 in W.P.No.248 of 2024.

2.This Court, considering the factual matrix issued a direction for demolition of unauthorised construction made. However, the learned counsel for the petitioner would submit that the petitioner is not claiming any adverse title in the suit in O.S.No.283 of 2010. There is a mistake in Para 3 of the affidavit filed in support of the writ petition and that resulted in passing of the order and thus the writ order is to be reviewed.

¶3As far as the order sought to be reviewed is concerned, it is all about demolition of unauthorised construction. The writ court has not dealt with the civil rights of the parties in the context of the civil suit. If at all any unauthorised constructions are identified, then such constructions are to be demolished as contemplated under the relevant Rules and Statutes in force. This court directed that the unauthorised portion of the building which was already identified by the competent authorities of Greater Chennai Corporation shall be demolished. Since the unauthorised constructions are already identified by the Corporation authorities, there is no impediment for them to demolish the same.

¶4Pertinently, the writ order was passed on 25.06.2024 directing the authorities to demolish the unauthorised construction without further reference to the orders of this Court within a period of six months from the date of receipt of a copy of the order. The matter was directed to be listed for reporting compliance after six months. Now two years lapsed. The Corporation authorities have not demolished the unauthorised construction. Therefore, the Corporation authorities are bound to implement the order of this Court without any further delay. As far as the review petition is concerned, the petitioner has not made out any acceptable ground for exercise of the review power of this Court. The review petition stands dismissed. No costs. (S.M.S.,J.) (N.S.,J.) 17-06-2026 Index: Yes/No Speaking/Non-speaking order KST S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST To

¶1The Commissioner Greater Chennai Corporation, Ripon building, Chennai 3.

¶2The Zonal Officer Greater Of Chennai Corporation, Zonal Ofifce 12 Putu Street, Alandur, Chennai 16. 17-06-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR C.Shanmugham S/o. Chinnasamy, 6/13 17th Street, Bakthavachalamnaga,R Nanganallur, Chennai 600 114. ..Petitioner Vs 1. The Commissioner Greater Chennai Corporation, Ripon building, Chennai 3. 2. The Zonal Officer Greater Of Chennai Corporation, Zonal Ofifce 12 Putu Street, Alandur, Chennai 16. 3. Ramesh D S/o. K. Duraisay, 11/2a 10th Street, Bv Nagar, Nanaganallur, Chennai 4. Senthil Kumar Chinathambi, C S/o. Chinnathambi, 60(1) Maduraipillaikadu, Ellappudaiyampatti, Dharmapuri ..Respondents Prayer : Review Application under Order 47 Rule 1 read with Section 114 of CPC to review the order dated 25.06.2024 in writ petition No. 248 of 2024. For Petitioners : Mr.P.Sunil For Respondents : Mr.D.B.R.Prabhu, Standing Counsel for Greater Chennai Corporation (GCC) for R1 & R2