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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S.M. SUBRAMANIAM
R.Latha – Appellant
Versus
Secretary to the Government – Respondent
ORDER :
S.M.Subramaniam, J.
The Revision order of the Government vide letter dated 29.11.2023 and the Review order of the Government dated 05.04.2024 are sought to be assailed in the present writ proceedings.
2. The petitioner states that the subject property belonged to her father late Mr.A.C.Rayar Padayachi and presently, the petitioner is in possession of the said property.
3. Complaints were received by the Official respondents that the petitioner has constructed the building unauthorisedly without Building Plan Permission. Thus, the Commissioner, Poonamallee Municipality conducted an inspection and survey and identified the unauthorised construction made by the petitioner and initiated enforcement actions under the provisions of the Town and Country Planning Act. Lock and Seal notice was issued. Challenging the said notice, the petitioner preferred a revision under Section 80 -A of the Town and Country Planning Act. The Government elaborately considered the facts and the documents by affording opportunity to all the parties and made a finding as under:
"6. Accordingly, final hearing was conducted on 31.10.2023. The revision petitioner and the official from Poonamallee Municipalit
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
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.
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.
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....
A writ of mandamus cannot be issued to de-seal premises when the petitioner has failed to comply with prior statutory orders regarding unauthorized construction.
The court reaffirmed that enforcement actions against unauthorized constructions must proceed without delay, despite pending regularization applications, emphasizing the need for discretion in granti....
A writ cannot challenge a notice of unauthorized construction unless issued by an authority lacking jurisdiction or tainted with malafides; the petitioner must provide relevant documentation to addre....
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