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V. M. VELUMANI, V. LAKSHMINARAYANAN
Selvaraj – Appellant
Versus
Member Secretary Chennai Metropolitan Development Authority 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 respondents to take appropriate action against the 3rd respondent for constructing the unauthorised building in the premises situated in S.F.No.716/10/2A, Door No.9, Jeevanantham 4th street, Kumaran Nagar, Avadi, Chennai-600 071 in compliance of the order made by the 2nd respondent in Na.Ka.No.10538/2015/F1, dated 03.11.2015 in accordance with law within the time limit fixed by this Court.)
V.M. Velumani, J.
1. The petitioner has come out with the present Writ Petition for a direction to the respondents 1 & 2 to take appropriate action against the 3rdrespondent for constructing the unauthorised building in the premises in compliance of the order made by the 2nd respondent dated 03.11.2015 in accordance with law within the time limit fixed by this Court.
2. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents 1 & 2 and learned counsel appearing for the 3 rd respondent and perused the entire materials on record.
3. According to the petitioner, he is the owner of the house be
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....
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....
A local authority is duty-bound to examine and pass reasoned orders on representations alleging unauthorized construction by conducting spot inspections and ensuring compliance with statutory buildin....
The main legal point established in the judgment is the court's authority to address unauthorized construction and deviation from approved plans under the Town and Country Planning Act, 1971.
: Illegal/Unlawful construction - Representation through lawyer to be considered on merits after giving opportunity of being heard to both the
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