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J. NISHA BANU, V. LAKSHMINARAYANAN
K. Eassa – Appellant
Versus
State of Tamilnadu, rep. by its Secretary- Housing & Urban Development, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the notice dated 06.07.2018 bearing No.Z.OXI7275/2018 issued by the 4th respondent together with all related records and quash the same.)
1. The petitioner claims that he purchased the property at No.6A, Station View Road, Kodambakkam, Chennai-600 024 for running a shop. It is the admitted case of the petitioner that he purchased the property consisting of the ground and first floor. Insofar as the second, third and fourth floor are concerned in paragraph 3 of the affidavit, it is admitted that for the same, no construction plan or permission was ever obtained. He would state that he relied upon the contractor and signed on dotted lines. Taking note of the illegal construction, the 8th respondent filed a writ petition in W.P.No.10011/2018. The said writ petition was for a Mandamus to consider the representation and to direct the respondents 1 and 2 therein namely, the Commissioner, Greater Chennai Corporation and the Executive Engineer, Greater Chennai Corporation to act upon the lock and seal notice dated 24.03.2017. The said writ petition came up for dispos
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.
Illegal and unauthorized construction can be subject to legal action for removal or demolition.
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....
A tenant lacks the locus standi to challenge enforcement actions against building plan deviations or demand structural rectifications, as such rights reside exclusively with the building owners.
The court has the authority to direct the authorities to take action against unauthorized construction and to ensure compliance with legal requirements for construction.
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