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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM, K.RAJASEKAR
L.Muruganantham, S/o. R. Lingasamy (late) – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
S.M.Subramaniam, J.
The writ of mandamus has been instituted to direct the respondents 1, 3, 5, 6 and 7 to initiate appropriate action to demolish the unauthorized construction in T.S. Nos.21/1A and 21/1B1 of Ward 7 Block 7 of Dharapuram Town in Tiruppur District and restore the building to the original approved plan within a stipulated time.
2. The petitioner states that building plan approval was granted on 31.03.2011, for construction of a building in S.F.No.372/2A, 373/1A belonging to T.S.No.21/1A, 20/19B of Dharapuram Municipality. The respondents No.8 and 9 constructed buildings unauthorizedly in violation of the building plan permission and deviated the approved plan. Thus, the petitioner made a complaint for initiation of action and to demolish the unauthorized th constructions. The 8 respondent who constructed building unauthorizedly, filed W.P.No.12952 of 2015 seeking a direction to dispose of the Statutory Appeal filed under Section 80 of the Tamil Nadu Town and Country Planning Act and the Division Bench passed final orders on 28.04.2015 to dispose of the revision filed by the 8th respondent. The Government disposed of the appeal vide letter dated 15.07.2015, howev
An appeal under Section 79 of the Tamil Nadu Town and Country Planning Act is not maintainable for regularizing unauthorized construction; only enforcement actions following a Lock and Seal Notice ca....
The court emphasized the importance of timely consideration of applications under Section 49 of the Tamil Nadu Town and Country Planning Act and the need for fair hearings for all concerned parties.
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....
Municipal authorities' rectification of unauthorized constructions precludes further judicial intervention in compliance matters.
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 tenant lacks standing to contest municipal demolition actions against the property owner for unauthorized construction, and grievances must be addressed in civil court.
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