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2025 Supreme(Mad) 2780
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, K.RAJASEKAR, JJ.
S.Beno Glad - Appellant
Versus
The Commissioner Of Chennai - Respondent
WP No. 38535 of 2024 and WMP No. 41741 of 2024
Decided on : 02-04-2025
Important Points
Subject
Administrative Law - Writ Jurisdiction
Act Referred
Headnote
(B) Illegal Construction - The Chennai Corporation was directed to inspect and report violations, confirming that necessary actions were initiated leading to removal of unauthorized constructions by respondents. (Paras 1-3)
(C) No further orders required as the rectification has been completed. (Para 3)
Findings of Court:
Unauthorized constructions were found and the Corporation's actions were considered sufficient to ensure compliance with planning regulations.
Issues: Main issue was whether further intervention was required after the violations were addressed.
Ratio Decidendi: The court determined that the actions taken by municipal authorities resolved the issues, rendering further judicial orders unnecessary.
Result: Writ Petition stands disposed of.
Advocate Appeared:
For the Appellant : Mr.S.Beno Glad (P-in-P)
For the Respondent: Mr.D.B.R.Prabhu, M/s.J.Chandran Sundar Sashikumar
| Table of Content |
|---|
| 1. writ to halt illegal construction (Para 1) |
| 2. inspection report shows planning violations (Para 2) |
| 3. writ petition disposed as violations addressed (Para 3 , 4) |
ORDER :
S.M.Subramaniam, J.
The writ of mandamus has been instituted to direct the competent authorities (respondents 1 to 4 ) to immediately stop the illegal construction based on the representations dated 27.08.2024 and 09.09.2024 and to revoke the sanctioned plan in accordance with Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act 1971 (Tamil Nadu Act 35 of 1972), until the respondents 5 and 6 demolish the unauthorised constructions and the strictly impermissible eleven columns that are jeopardising and built entirely in contravention of the plan permission. These construction include the compound wall and the column hazardously footed, encroaching upon the petitioner's boundary /property and restore all damages caused to petitioner's building.
2. In view of the complaint made by the petitioner regarding unauthorized construction, the Chennai Corporation authorities were directed to conduct field inspection and submit a report. The Assistant Executive Engineer, Greater Chennai Corporation filed a states report that reveals the violations committed by the respondents 4 and 5, which reads as follows:
“4. Accordingly, the building in question was inspected by the Assistant Executive Engineer along with Assistant Engineer of Greater Chennai Corporation and petitioner on 03.01.2025 and found that 5th and 6th respondents have constructed the building in deviation to the approved plan as follows:
| S.No | Set Back | As per Plan (In Meter) | As per site Condition (In Meter) | Deviation (In Meter) |
| Ground Floor | ||||
| 1 | Front set back | 1.50 | 1.5 | - |
| 2 | Side set back (Left) | 1.0 | 1.0 | - |
| 3 | Side set back (Right) | 1.0 | 1.0 | - |
| 4 | Rear Set back | - | - | - |
| First Floor | ||||
| Built-up area of first floor | 150.86 Sq.m | 154.01 Sq.m | 3.15 Sq.m | |
| Second Floor | ||||
| Built-up area of second floor | 150.86 Sq.m | 150.86 Sq.m | - | |
5. I respectfully submit that the Notice for “Production of documents” has been issued to the respondent on 03.01.2025 under Section 56 (1) of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972). After giving the above said notice the owner of the building removed the deviated portion of column at front and side backs during construction itself.”
3. In view of the fact that actions have been initiated by the Corporation and deviations have been removed, no further orders are required.
4. Thus, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.
