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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S. M. SUBRAMANIAM
S.Beno Glad – Appellant
Versus
Commissioner Of Chennai – Respondent
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 Assis
Municipal authorities' rectification of unauthorized constructions precludes further judicial intervention in compliance matters.
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.
Court affirmed the necessity to adhere to statutory procedures in addressing unauthorized constructions under local body laws.
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....
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