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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S.M. SUBRAMANIAM
B.Teepikha – Appellant
Versus
Secretary to Government – Respondent
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The writ of mandamus has been instituted to direct the respondents 1 to 5 to consider the petitioner's representation dated 20.03.2024, and to stop unauthorized construction being carried out by the 6th respondent on his property, measuring to an extent of 97.5 m2, comprised in Old Survey No.642, New Survey No.642/2, situated in the 4th Ward, 9th Block, Vadukar Street @ Kalainar Karunanithi Street, Chengalpattu Town.
2. With reference to the allegation set out in the present writ petition, the Commissioner, Chengalpattu Municipality filed counter affidavit. The relevant paragraphs reads as under:
“4. In regard to the complaint of the petitioner in paragraphs 6 and 7 the respondent herein denies the said statements. It is submitted that, firstly there is no parent wall in the site of the petitioner and what is available is only the incomplete columns that are put up at the boundary itself. The 6th respondent is already having a house in his site with the building plan sanction of the year 1993 in BA. No.55/1993 dated 19.05.1993. In addition to the said structure, the 6th respondent has put up an additional structure with RCC colu
Court affirmed the necessity to adhere to statutory procedures in addressing unauthorized constructions under local body laws.
Court directs authorities to act on unauthorized construction notices within time limit after hearing.
The Ombudsman lacks jurisdiction to address civil disputes involving unauthorized construction without notice to affected parties; such matters must be pursued in civil courts.
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
Local authorities must enforce relevant laws to address unauthorized constructions within a specified timeframe, underlining the duty to act against illegal encroachments.
Municipal authorities' rectification of unauthorized constructions precludes further judicial intervention in compliance matters.
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