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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K.RAJASEKAR, JJ.
M.G.Colony Residents Welfare Association (regd No 164/2013) - Appellant
Versus
The Government of Tamilnadu - Respondent
WP No. 4880 of 2024
Decided on : 28-04-2025
| Table of Content |
|---|
| 1. unauthorized construction affecting public space. (Para 1 , 2 , 3) |
| 2. arguments regarding enforcement actions by authorities. (Para 4 , 5) |
| 3. court directs inspection and action on unauthorized constructions. (Para 6) |
ORDER :
S.M.Subramaniam, J.
The writ of mandamus has been instituted to direct the 2nd and 3rd respondent to remove the unauthorized construction made in the open space area put up by the 4th and 5th respondents by considering petitioner's representation dated 18.07.2023.
2. The petitioner is M.G.Colony Residents Welfare Association..
3. The grievance of the petitioner / association is that unauthorised constructions are put up in the open space causing inconvenience to the residents of that locality. The residents are unable to utilise the open area for the purpose for which it was kept as open area under the Planning Rules.
4. Mrs.M.E.Raniselvam, learned Counsel for the petitioner would submit that large scale unauthorised constructions are put up and the Authorities have failed to initiate any action to remove unauthorised construction.
5. Mr.D.R.Arunkumar, the learned Standing Counsel for the Coimbatore Corporation would submit that the Authorities are in the process of verifying the unauthorised construction.
6. In view of the above facts and circumstances, the respondents 1 to 3 are directed to conduct inspection and survey and identify the unauthorised constructions, if any and initiate enforcement actions by following the procedures as contemplated under the statutes and rules in force. The unauthorised constructions so identified, are to be demolished. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition stands disposed of. No costs.
Governmental authorities must comply with planning regulations to ensure the protection of designated open spaces and address unauthorized constructions effectively.
Local authorities must enforce relevant laws to address unauthorized constructions within a specified timeframe, underlining the duty to act against illegal encroachments.
Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.
Authorities must process complaints on unauthorised constructions per Tamil Nadu Town and Country Planning Rules, 2022, issuing notices and inspections.
Petitioners may seek redress through representation regarding unauthorized construction allegations if procedural compliance is followed.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Court mandated municipal authority to verify and address unauthorized constructions under Kerala Municipality Act, ensuring compliance with the law.
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