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V. M. VELUMANI, V. LAKSHMINARAYANAN
P. Venkatesan – Appellant
Versus
Commissioner Greater Chennai Corporation, Rippon Building, Park Town, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 1st respondent to demolish the entire unauthorised and illegal construction of plot No.63, Ganesh Avenue, Sakthi Nagar, Panchavaktra Flats, Porur, Chennai-600 116 within the stipulated period.)
V.M. Velumani, J.
1. The petitioner has come out with the present Writ Petition for a direction to the 1st respondent to demolish the entire unauthorised and illegal construction of plot No.63, Ganesh Avenue, Sakthi Nagar, Panchavaktra Flats, Porur, Chennai-600 116 within the stipulated period.
2. By consent of both the learned counsel appearing for the petitioner as well as Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for the 1st respondent and Mr.L.Jaivenkatesh, learned Standing Counsel for TNEB, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents 1 & 2 and perused the entire materials on record.
4. According to the petitioner, he purchased plot No.63, Ganesh Avenue, Sakthi Nagar,
Res judicata applies when a similar petition is filed after the conclusion of earlier legal proceedings, constituting an abuse of process.
The central legal point established in the judgment is the importance of adherence to approved construction plans and the legal implications of deviation from such plans under the Tamil Nadu Town and....
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
When a neighborly dispute involves allegations of unauthorized construction or building plan deviation, the court may direct relevant statutory authorities to conduct a site inspection and take appro....
Authorities to take action against unauthorized construction upon inspection.
The court has the authority to direct the authorities to take action against unauthorized construction and to ensure compliance with legal requirements for construction.
Writ petitions premature if representation pending; direct authorities to decide expeditiously without expressing merits opinion.
Illegal and unauthorized construction can be subject to legal action for removal or demolition.
Writ jurisdiction cannot entertain disputed questions of fact when parallel civil proceedings are initiated for the same relief.
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