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V. M. VELUMANI, V. LAKSHMINARAYANAN
S. Ramesh – Appellant
Versus
Chennai Metropolitan Development Authority, Rep. by its Member Secretary, – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to consider the representation dated 08.01.2018 to demolish the unauthorized staircase put up by the 4 th respondent in 20 feet passage in Gangadharan Colony in Door No.226 and 227, St. Marys Road, Mandaveli, Chennai – 600 028.)
V.M. VELUMANI, J.
1. The petitioner has come out with the present Writ Petition for a direction to the respondents 2 & 3 to consider his representation dated 08.01.2018 to demolish the unauthorized staircase put up by the 4th respondent in 20 feet passage in Gangadharan Colony in Door No.226 and 227, St. Marys Road, Mandaveli, Chennai – 600 028.
2. According to petitioner, one Gangadhara Mudaliar was the owner of the property measuring larger extent and he constructed continuous row houses bearing old municipal door Nos.75/7, 75/8, 75/9, 75/10, 75/11 and 75/12. Thereafter, the said row houses were sold to various third parties including the petitioner. The petitioner is the owner of the property measuring about 660 sq.ft at Old Door No.228 and 75/10, New Door No.14, St. Mary''s Road, Mandaveli, Chen
Authorities to take action against unauthorized construction upon inspection.
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....
Writ petitions premature if representation pending; direct authorities to decide expeditiously without expressing merits opinion.
Res judicata applies when a similar petition is filed after the conclusion of earlier legal proceedings, constituting an abuse of process.
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....
The court has the authority to direct the inspection of property and take action against unauthorized construction.
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