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2025 Supreme(Mad) 2877

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K. RAJASEKAR, JJ.
M. Malliga, W/o. Meeran - Petitioner
Versus
The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai & Ors. - Respondents
WP No. 25328 of 2024
Decided On : 08-04-2025

Advocates Appeared:
For the Petitioner: Mr. C. Prabakaran.
For the Respondents:Mr. R. Thamarai Selvan, Standing Counsel For CMDA, Mr. G. Ameedius, Government Advocate, Mr. T. Chandrasekaran, Special Government Pleader, M/s. D. Selvam, Mr. V. Gunasekar, Standing Counsel For TNPCB, Mr. T. Balaji, Mr. K. Venkatasubben, Mr. S. Saravanakumar, Advocate Commissioners.

The court mandated government authorities to take coordinated action against unauthorized constructions and industrial activities causing pollution, emphasizing the need for compliance within six months to address environmental concerns.

Headnote:(A) Tamil Nadu Panchayats Act - Sections 160, 161 and 162 - Tamil Nadu Combined Development and Building Rules, 2019 - Writ of mandamus instituted to direct action on unauthorized constructions and encroachments in Vilangadupakkam and Sendrampakkam - Findings revealed rampant unauthorized constructions, encroachments, and industrial activities causing pollution in residential areas - Authorities required more time to conduct surveys and initiate actions against identified illegalities. (Paras 1-5)

(B) Writ Petition - Power of High Court - High Court, when satisfied with the violations of legal provisions and environmental concerns, directs authorities to take definitive actions, emphasizing the urgency in addressing unauthorized constructions and pollution. (Para 5)

Facts of the case:
The petitioner filed a writ petition against unauthorized constructions and encroachments in Puzhal locality. Inspection revealed large-scale illegalities affecting approximately 2000 acres, warranting coordinated action from various government departments.

Findings of Court:
The Court mandated the respondents to coordinate for identifying and addressing unauthorized activities within six months, providing a pathway for the petitioner to seek further action if compliance fails.

Issues: The main issues were the extent of unauthorized constructions and the overriding need for corrective actions against environmental violations.

Ratio Decidendi: The court highlighted the urgency in addressing unauthorized constructions and the necessity for government coordination in managing illegalities affecting residential areas and public health.

Result: Writ petition stands allowed.

Table of Content
1. unauthorized constructions and encroachments identified. (Para 1 , 2 , 3)
2. coordination among government departments is essential. (Para 4)
3. order to take action on illegal activities authorized. (Para 5 , 6)

ORDER :

S.M. Subramaniam, J.

The writ of mandamus has been instituted to direct the respondents No.1 to 6 to take appropriate action on the unauthorized construction of buildings made by the respondents No.7 to 159, situated in Vilangadupakkam Village Panchayat and Sendrampakkam Village Panchayat, Puzhal Panchayat Union, Tiruvallur District, based on the communication sent by the 4th respondent in Na.Ka.No.1673/2024/a2 dated 20.05.2024 to the 5th respondent for taking necessary action under section 160, 161 and 162 of the Tamil Nadu Panchayats Act and Tamil Nadu Combined Development and Building Rules, 2019 within stipulated time.

2. The allegations at large is in Puzhal locality, suburban to Chennai City, large scale unauthorized constructions, encroachments of Government lands and industrial activities causing noise and air pollution in residential areas have been rampant. In this regard, this Court directed the authorities to conduct inspection/s and survey and initiate appropriate actions. The Assistant Director of Panchayats, Tiruvallur District filed a Status Report which reveals large-scale illegalities in the said locality are identified and the authorities require some more time to complete the survey and initiate appropriate actions against the illegalities, irregularities, etc., by following the procedures.

3. Considering the fact that large number of unauthorized buildings and encroachments are identified, approximately measuring 2000 acres, the authorities require some more time to complete the survey.

4. It is needless to state that all the Government Departments including respective Panchayats, Revenue Authorities, Police Department, etc., have to coordinate for conducting effective survey to identify the unauthorized constructions, allegations relating to industrial noise and air pollutions, etc.

5. In view of the facts and circumstances, the respondents No.1 to 6 and respondent No.160/The Chairman, Tamil Nadu Pollution Control Board, Institutional Area, Guindy, Chennai.600 032 are directed to coordinate and identify the unauthorized constructions, usage of residential area for industrial purposes, compliance relating to noise and air pollutions and other illegalities, including encroachments if any, and initiate all appropriate legal actions against the persons involved in such illegalities and irregularities by demolishing the unauthorized constructions, removing the unlicensed industrial activities, etc., and complete the entire exercise within a period of six (6) months from the date of receipt of a copy of this order. In the event of non-implementation of this order, the petitioner is at liberty to approach this Court by filing an appropriate petition.

6. The writ petition stands allowed. There shall be no order as to costs.

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