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V. M. VELUMANI, V. LAKSHMINARAYANAN
S. Kalavathy – Appellant
Versus
Commissioner, Corporation of Chennai, Rippon Buildings, Chennai – 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 1 to 3 herein to consider the petitioner''s representation dated 21.02.2018 and directing them to take legal action against the illegal construction are being carried out without obtaining Planning permit and Building Plan by the respondents 5 & 6 herein, within the time 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 to 3 to consider the petitioner''s representation dated 21.02.2018 and directing them to take legal action against the illegal construction are being carried out without obtaining Planning permit and Building Plan by the respondents 5 & 6 herein, within the time fixed by this Court.
2. According to the petitioner, the property situate at Plot No.53/13, 3rd Street, Parameswaran Nagar, T.P.Chathiram, Chennai – 600 030 measuring to an extent of 3000 sq.ft, was allotted to her father by the Aadhi Dravidar Welfare Department, Government of Tamil Nadu. Subsequent to death of her father on 21.02.1975, the petitioner along with her mo
The court has the authority to direct the authorities to take action against unauthorized construction and to ensure compliance with legal requirements for construction.
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....
Writ jurisdiction cannot entertain disputed questions of fact when parallel civil proceedings are initiated for the same relief.
: Illegal/Unlawful construction - Representation through lawyer to be considered on merits after giving opportunity of being heard to both the
Illegal and unauthorized construction can be subject to legal action for removal or demolition.
Res judicata applies when a similar petition is filed after the conclusion of earlier legal proceedings, constituting an abuse of process.
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