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J. NISHA BANU, V. LAKSHMINARAYANAN
G. Deva – Appellant
Versus
Member Secretary, Chennai Metropolitan Development Authority, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 6 to take appropriate legal action to remove/ demolish the unauthorized and illegal construction put up by the 7th respondent through the 8th respondent at No.127, Panjali Amman Koil Street and Door Nos.114, 116, 117, 119 and 120 Pillaiyar Koil Street, Arumbakkam, Chennai - 600 106 by considering the petitioner''s representation dated 04.11.2022.)
V. Lakshminarayanan, J.
1. The writ petition seeks for a Writ of Mandamus directing the respondents 1 to 6 to take appropriate legal action with respect to the unauthorised and illegal construction that has alleged to have been put up by the 7th respondent.
2. The writ petitioner states that 60 flats have been constructed at Door Nos. 119 and 120 Pillaiyar Koil Street, Arumbakkam, Chennai - 600 106. According to him, the 7th respondent through the 8th respondent has put up construction of the 60 flats. He moved the 1st respondent, the Member Secretary, CMDA, under the Right to Information Act and got to know that the entire construction is illegal as it is without any building plan approval.
3. Pursuan
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....
The court has the authority to direct the authorities to take action against unauthorized construction and to ensure compliance with legal requirements for construction.
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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