IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, K.Rajasekar, JJ.
Akkalaneni Anish - Petitioner
Versus
Government of Tamil Nadu, Represented by its Additional Secretary to Government, Housing and Urban Development Department and ors. – Respondents
W.P.No.13077 of 2025 and W.M.P.No.14595 of 2025
Decided On : 09-04-2025
| Table of Content |
|---|
| 1. government actions against unauthorized construction (Para 1 , 2) |
| 2. petitioner's request for time to vacate (Para 3) |
| 3. court's directive for enforcement of demolition (Para 4) |
| 4. dismissal of writ petition (Para 5) |
ORDER :
S.M.SUBRAMANIAM, J.
The order of rejection passed by the Government vide letter dated 01.04.2025 under Section 80 -A of the Town and Country Planning Act is sought to be assailed in the present writ proceedings.
2. It is not in dispute that the authorities identified unauthorised construction in the subject property. Enforcement actions were initiated. The writ petitioner is a tenant. The owner of the premises Smt.Kasturi also filed a revision petition under Section 80 -A of the Tamil Nadu Town and Country Planning Act before the Government and the said revision petition was rejected along with the revision petition filed by the writ petitioner by way of a common order, which is impugned in the present writ proceedings.
3. Since the subject building was found to be unauthorisedly constructed in violation of the building plan permission and the enforcement actions have already been completed by the authorities, this Court is not inclined to entertain the writ petition. That apart, the revision petition under Section 80 -A of the Act was rejected.
3. Mr.D.S.Raja Sekaran, learned counsel for the petitioner would submit that the petitioner/tenant will vacate the premises and some time may be granted.
4. In view of the said submission, the petitioner is directed to vacate the premises on or before the June 10, 2025. In the event of failure the respondent authorities are directed to conclude the enforcement actions and demolish the unauthorised constructions without granting any further time to the occupants. The entire exercise of completion of enforcement action is directed to be concluded within a period of six (6) weeks from 10th June 2025.
5. With the above directions, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
Objector aggrieved by unlawful construction lacks locus to challenge revisional order passed in his favor; must seek implementation instead.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
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....
Writ petitions cannot entertain requests that contradict statutory provisions; the appropriate remedy lies in filing a statutory revision as per the Town and Country Planning Act.
Tenants lack locus to challenge demolition of unauthorised, dangerous buildings under planning laws.
A revision under Section 80-A of the Tamil Nadu Town and Country Planning Act cannot be entertained against a de-occupation notice following a locking & sealing order.
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
Court clarifies the procedural remedies available under the Tamil Nadu Town and Country Planning Act in relation to unauthorized construction.
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