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V. M. VELUMANI, V. LAKSHMINARAYANAN
P. Selvarajan – Appellant
Versus
Commissioner Directorate of Town & Country Planning Chengalvarayan Building, Chennai – Respondent
JUDGMENT
V.M. Velumani, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 3rd respondent to comply the order dated 12.07.2017 made in Na.Ka.No.1454/2017/SM-3 passed by the 2nd respondent based on the petitioner representation dated 15.05.2017.)
1. The petitioner has come out with the present Writ Petition for a direction to the 3rd respondent to comply the order dated 12.07.2017 passed by the 2nd respondent based on the petitioner''s representation dated 15.05.2017.
2. According to the petitioner, the 4th respondent has obtained permission for construction of non-residential building in ground & first floors measuring each 654 sq.ft. Contrary to the said approved plan, the 4th respondent constructed in total violation of the approved plan up to four floors. The petitioner made a representation dated 15.05.2017 to the respondents 1 to 3 to take action against the 4th respondent for unauthorised construction. The 2nd respondent by the proceedings dated 12.07.2017 directed the 3rd respondent to take action to inspect the property of the 4th respondent and if there is any unauthorised construction, di
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.
Compliance with the Town and Country Planning Act and rules, and principles of natural justice are crucial in inspection orders and unauthorized construction cases.
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 principle of res judicata applies when a matter has been adjudicated by a competent court and may not be re-agitated in subsequent proceedings.
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
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.
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....
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