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D. KRISHNAKUMAR, P. DHANABAL
G. Velusamy – Appellant
Versus
Secretary to Government, Housing & Urban Development Department, Secretaraiat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider and pass orders on the appeal petition submitted to the Government dated 20.04.2023 under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971, within a reasonable period as may be fixed by this Court and till then, the respondents 3 and 4 shall not to pursue the matter further till the disposal of the application submitted by the petitioner to the first respondent under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971.)
D. Krishnakumar, J.
1. This Writ Petition has been filed to direct the first respondent to consider and pass orders on the appeal petition submitted to the Government dated 20.04.2023 under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971, within a reasonable period as may be fixed by this Court and till then, the respondents 3 and 4 shall not to pursue the matter further till the disposal of the application submitted by the petitioner to the first respondent under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971.
2. The petitioner is the owner of the prop
The court emphasized the importance of timely consideration of applications under Section 49 of the Tamil Nadu Town and Country Planning Act and the need for fair hearings for all concerned parties.
Expeditious disposal of appeals under Section 80-A of the Town and Country Planning Act, 1971, and the restraint of coercive steps against the petitioner.
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
Municipal authorities must enforce building regulations and address unauthorized constructions within reasonable time, ensuring all parties receive notice and due process.
The need for expeditious disposal of statutory appeals and the restraint on coercive steps by respondents pending disposal of the appeal.
Court need not issue fresh mandamus if authorities have initiated removal proceedings for unauthorized construction under planning laws.
Unauthorized construction without valid planning approval cannot be upheld.
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