Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Sunrise Club-Covai, rep by its Secretary S. Arokiyasamy – Appellant
Versus
Commissioner, Karumathampatti Municipality – Respondent
ORDER :
(S.M. SUBRAMANIAM, J.)
The notice issued by the Commissioner, Karumathampatti Municipality dated 26.11.2024 is sought to be assailed in the present writ proceedings.
2. The petitioner is Sunrise Club-Covai represented by its Secretary S.Arokiyasamy. The petitioner claims to be a society registered under the Tamil Nadu Societies Registration Act. Admittedly, the petitioner is a tenant under one Mr.S.Tangavel, who is the owner of the said property. A complaint was received by the Commissioner, Karumathampatti Municipality stating that the said Mr.S.Tangavel constructed the subject building unauthorizedly without obtaining building plan permission from the competent authority. The municipal authorities conducted an inspection and found that no building plan approval was granted and the building is wholly unauthorized. Thus a notice was issued on 24.10.2024 calling upon the owner to submit documents to establish that building plan permission has been granted. Since the owner of the building Mr.S.Tangavel is unable to produce any valid document regarding building plan approval, further action was initiated by the Commissioner, Karumathampatti Municipality under Section 135 of the T
A tenant lacks standing to contest municipal demolition actions against the property owner for unauthorized construction, and grievances must be addressed in civil court.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
