Enforcement proceedings under the Tamil Nadu Town and Country Planning Act, 1971 are essential to address unauthorized constructions and commercial activities.

M. VENUGOPAL, J.

1. The Petitioner has filed the present Writ Petition praying for passing of an order in directing the Respondents 1 to 6 to take necessary action against the unauthorised construction (sheds) and the unauthorised commercial Hotel and Biryani business and other fast food activities being carried on at the premises bearing door No.109 (New No.121), Valluvar Kottam High Road, Nungambakkam High Road, Chennai – 34, previous known as No.34, Ramanaicken Street, Nungambakkam, Chennai – 34, and close down any such illegal business, and not to grant or renew any permission or license of any kind to the 7th, 8th and 9th Respondents or to anyone else for running any commercial activities or Hotel/restaurant/fast food or any eating house business or for any alternations/additions in the said premises.

2. Heard both sides.

3. It is a stand of the Petitioner that he is the owner of the first floor bearing No.121/F1 (Old No.109) and undivided share in the property bearing Door No.109, Valluvar Kottam High Road, Nungagmbakkam High Road, Chennai -34, previous known as No.34, Ramanaicken Street, Nungambakkam, Chennai. It is a part of a larger property and the entire larger property was partitioned as per registered Partition Deed dated 05.03.2007 (vide Document No.581 of 2007). In fact, as per the said Partition Deed, the vacant land situated in the middle portion (of the said larger property) measuring an extent of 952 sq.ft. was allotted to the share of the Petitioner and his brother, the 7th Respondent. As such, the Petitioner has half undivided share in the said land area measuring 952 sq.ft. and the other half undivided share belongs to the 7th Respondent. Likewise, the Petitioner allotted 1/4th undivided share in the common pathway situated in the Northern side measuring 568 sq.ft.

4. The case of the Petitioner is that as per the Partition Deed dated 05.03.2007, the front road facing three shops in the ground floor and the undivided share in the land thereunder was allotted to the share of the 8th Respondent. As per the Partition Deed, the Petitioner and the 7th Respondent were permitted to put up construction on the middle portion measuring about 952 sq.ft. allotted to them, purely for residential purposes only. Furthermore, as per Partition Deed, none of the parties shall be entitled to sell or otherwise transfer their allotted shares to anyone else unless the same is offered to other party who has joint share therein and only when the offer is refused by each one of the parties to the said deed, they can sell to other third parties.

5. It is the version of the Petitioner that he and the 7th Respondent do have half undivided share in the said land measuring 952 sq. ft. situated in the middle portion and hence, wanted to put up construction over the same. However, the 7th Respondent did not have the funds and therefore, requested the Petitioner to put up the construction of the ground floor and first floor at his full cost, by assuring and repaying the cost incurred for constructing the ground floor for him also. The Petitioner had agreed for the same and believing the words of the 7th Respondent, an Memorandum of Understanding was entered into and executed between him and the 7th Respondent, in and by which, it was agreed that he and 7th Respondent would construct a residential building on the said land measuring 952 sq. ft. at his full cost and that the ground floor would be allotted to the 7th Respondent and the first floor would be allotted to him (Petitioner) and it was further specifically agreed that the open terrace would be kept common etc. Moreover, it was also agreed between the parties that the open terrace and the OSR areas shall be used and enjoyed in common between the Petitioner and the 7th Respondent and that apart, it was agreed that as per the Memorandum of Understanding that no construction