IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. VENUGOPAL, R.PONGIAPPAN, JJ.
A.Shakila Banu - Petitioner
Versus
The Assistant Engineer, Greater Chennai Corporation, Chennai and Ors - Respondent
W.P.No.27928 of 2017
Decided on : 07-01-2019
Writ Petition - Illegal Construction - The court directed the authorities to take action against illegal construction over the terrace portion of a building in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971, and Building Rules and Regulations.
Fact of the Case:
The Petitioner filed a Writ Petition seeking a Writ of Mandamus to prevent illegal construction over the terrace portion of a building and to demolish the same.
Finding of the Court:
The court directed the Commissioner of Greater Chennai Corporation and the Respondent Nos.1 and 2 to take further action as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, within four weeks. Failure to do so would allow the Petitioner to initiate necessary Contempt Proceedings.
Issues: Illegal construction, Writ of Mandamus, Contempt Proceedings
Ratio Decidendi: The court's decision was based on the failure of the authorities to take action against the illegal construction in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971.
Final Decision: The Writ Petition was closed with no order as to costs.
M. VENUGOPAL, J.
1. The Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to take action against the Respondent Nos.4 and 5 by preventing them from proceeding with the illegal and unlawful construction over the terrace portion of the building bearing Old Door No.78, New Door No.36, Cathedral Road, Gopalapuram, Chennai-86 and demolish the same forthwith.
2. It is represented by the Learned Counsel appearing for the Respondent Nos.1 and 2 that the appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, preferred by the Fourth Respondent, before the Government, was rejected on 03.01.2019. As a matter of fact, the Commissioner of Greater Chennai Corporation was directed to pursue action accordingly.
3. In view of the foregoing, this Court directs the Commissioner of Greater Chennai Corporation as well as the Respondent Nos.1 and 2 to pursue further course of action as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, coupled with the Building Rules and Regulations, within a period of four weeks from the date of receipt of a copy of this order. If the Commissioner of Greater Chennai Corporation as well as the Respondent Nos.1 and 2 fail to take further course of action as per the order passed by the Government in the said proceedings under Section 80-A of the said Act, then, it is open for the Petitioner to initiate necessary Contempt Proceedings, of course, in the manner known to Law and in accordance with Law.
4. In the upshot, this Court closes the present Writ Petition, as nothing further survives for adjudication. There is no order as to costs.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.