Back
V. M. VELUMANI, V. LAKSHMINARAYANAN
K. Pattamal – Appellant
Versus
Commissioner Greater Chennai Corporation 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 1 & 2 herein to forthwith remove the unauthorised construction put up by the respondents 4 and 5 in old door No.36, New No.51, Gandhi Road, Jagannathan Nagar, Arumbakkam, Chennai-600 106 comprised in Old Survey Nos. 215/2, 222/1, T.S. No. 58/1 and 59, Block No.7 of Arumbakkam Village.)
V.M. Velumani, J.
1. The petitioner has come out with the present Writ Petition for a direction to the respondents 1 & 2 to forthwith remove the unauthorised construction put up by the respondents 4 & 5 in old door No.36, New No.51, Gandhi Road, Jagannathan Nagar, Arumbakkam, Chennai-600 106 comprised in Old Survey Nos.215/2, 222/1, T.S. Nos.58/1 and 59, Block No.7 of Arumbakkam Village.
2. Heard the learned counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondents 1 & 2 and 3rdrespondent and learned counsel appearing for the respondents 4 & 5 and perused the entire materials on record.
3. According to the petitioner, she is owner of the property in S.No.223/1 (New T.S.No.60/1) bearing Door No.44-B, Ga
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....
Res judicata applies when a similar petition is filed after the conclusion of earlier legal proceedings, constituting an abuse of process.
The main legal point established in the judgment is the requirement for adherence to approved building plans and the authority to cancel approvals if found to be contrary to relevant regulations.
Authorities must process complaints on unauthorised constructions per Tamil Nadu Town and Country Planning Rules, 2022, issuing notices and inspections.
The court determined that existing actions by authorities rendered the Writ Petition unnecessary, leading to dismissal.
Writ jurisdiction cannot entertain disputed questions of fact when parallel civil proceedings are initiated for the same relief.
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.
The court dismissed the writ petition under Article 226, affirming that the petition was misconceived based on previous actions taken concerning the premises.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
