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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K. RAJASEKAR, JJ.
C. Swaminathan - Petitioner
Versus
State of Tamil Nadu, represented by its Secretary to Government, Housing and Urban Development Department, Secretariat and Ors. – Respondents
W.P.No.12924 of 2024 and WMP.No.14088 of 2024
Decided On : 29-04-2025
| Table of Content |
|---|
| 1. writ of mandamus for building violations. (Para 1) |
| 2. petition for enforcement action. (Para 2) |
| 3. regularisation of unauthorized construction is not routine. (Para 3 , 4) |
| 4. enforcement actions to be completed in 8 weeks. (Para 5 , 6) |
ORDER :
(S.M. SUBRAMANIAM, J.)
The writ of mandamus has been instituted to direct the respondents 1 to 5 herein to take immediate action against the 6th respondent as per the orders passed in W.P.No.11201 of 2010 dated 10.02.2010 and W.P.No.13053 of 2010 dated 03.08.2010 for committing the Building Plan violations in the premises viz., R.C. Towers, bearing Door No.82/27, Josier Street, Nungambakkam, Chennai - 34 and adjoining Building at Door No.143, Kodambakkam High Road, Nungambakkam, Chennai - 34.
2. The petitioner seeks a direction to take enforcement action as per the earlier orders passed by this Court.
3. It is brought to the notice of this Court that an application seeking regularisation of unauthorised construction is submitted. Pendency of an application is not a bar for initiating enforcement action under the provisions of the Town and Country Planning Act. Regularisation cannot be granted in a routine manner. Regularisation of unauthorised construction is an exception and the power is to be exercised discreetly only in deserving cases. The power of grant of exception cannot be exercised in a routine manner, so as to defeat the objectives of the Town and Country Planning Act and grant of Building Plan Approvals.
4. Therefore, there is no impediment for completing the enforcement action by following the procedures as contemplated.
5. Mr.D.B.R. Prabhu, the learned Standing Counsel appearing on behalf of the Greater Chennai Corporation would furnish the copy of FORM-VII, Lock and Seal order dated 08.01.2025.
6. It is for the aggrieved person to prefer a revision, if he prefers to do so. As far as the Official respondents are concerned, they shall continue the enforcement action by following the procedures as contemplated. The enforcement actions are directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
The court reaffirmed that enforcement actions against unauthorized constructions must proceed without delay, despite pending regularization applications, emphasizing the need for discretion in granti....
Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.
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.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions must be rectified in compliance with building regulations; courts should not condone illegalities that threaten public safety.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
The court addressed the interrelation of concurrent statutory appeals and pending matters in determining the maintainability of writ petitions under Article 226.
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