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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAJASEKAR, S.M. SUBRAMANIAM
D.P. Chandramathi – Appellant
Versus
Secretary, Housing and Urban Development Department, Government of Tamil Nadu – Respondent
ORDER :
(S.M. SUBRAMANIAM, J.)
The writ of mandamus has been instituted to direct the 4th respondent to give three months time for obtaining planning permission from the 1st respondent for the land and building situated at No.9, Jeevanandham 4th Street, Kumaran Nagar, Avadi, Chennai - 600 054.
2. The relief as such sought for in the present writ petition is not entertainable.
3. In the present case, the learned Standing Counsel appearing on behalf of the Avadi Municipality would submit that the unauthorised constructions / deviations are identified. Lock and Seal notice was issued.
4. Therefore, the petitioner may prefer a revision under Section 80 -A of the Town and Country Planning Act before the Government and the writ petition is not entertainable.
Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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.
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....
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.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
A rejected revision petition under Section 80-A of the Town and Country Planning Act renders a subsequent writ petition moot, allowing authorities to enforce actions legally.
The importance of disposing of appeals on merits and in accordance with the law within the stipulated time, and providing the petitioners due opportunity of hearing.
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