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S. S. SUNDAR, N. SENTHILKUMAR
K. Eassa – Appellant
Versus
State Represented by its Secretary – Respondent
JUDGMENT :
S.S. SUNDAR, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order, vide Letter No. 5825297/UDVI(3)/2023-3, dated 12.12.2023, passed by the 3rd respondent and to quash the same as well direct the 2nd respondent to consider the representation dated 15.12.2023 in accordance with law.
1. This writ petition is filed challenging the order dated 12.12.2023 passed by the 3rd respondent dismissing the revision petition filed by the petitioner under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
2. The petitioner states that he is running a sweet shop in the subject property which originally consisted of Ground and First Floor. It is admitted that thereafter, the petitioner put up construction of Second to Fourth Floors on the property. Thereafter, it appears that the petitioner has applied for regularisation of the construction put up on the Second to Fourth Floors. Pending the regularisation application filed by the petitioner, the 6th respondent issued a notice dated 14.07.2018 informing the petitioner about the disconnection of wa
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.
Authorities must specify deviations and direct rectification before rejecting building regularisation applications under Section 135 TNULB Act.
A writ petition was disposed of as the authorized constructions were regularized, allowing the appellant to challenge decisions in related proceedings.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
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