A tenant lacks standing to contest municipal demolition actions against the property owner for unauthorized construction, and grievances must be addressed in civil court.

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 Tamil Nadu Urban Local Bodies Act, 1998 . Accordingly, the impugned notice was issued in proceeding daed 26.11.2024 asking the owner of the building Mr.S.Tangavel to demolish the building, failing which the Municipality would initiate action for demolition of the building and recover expenditures from the owner of the building.

3. Curiously, the present writ petition has been filed by a tenant. Though notice has been served on the third respondent, he has not chosen to appear before this Court. Mr.R.Harikrishnan, learned counsel appears for the fourth respondent.

4. Landlord-tenant dispute is pending between the third respondent and the writ petitioner. Action was initiated by the Municipality pursuant to the writ petition filed by the fourth respondent in W.P.No.31152 of 2024, wherein this Court passed the order dated 23.10.2024 to initiate appropriate action against the unauthorized building.

5. The learned counsel appearing for petitioner would submit that the petitioner is running a recreational club by duly obtaining permission from the competent authorities. Licence has been obtained to run a bar. However, the petitioner is a tenant and therefore he is noway connected with the unauthorized building, since notice itself was served on the owner of the building.

6. The petitioner has no locus standi to file the present writ petition. If at all the petitioner has any grievance against the landlord, it is to be redressed by approaching the competent civil Court of law and in the present case, litigation is pending between the writ petitioner and the third respondent/landlord. Therefore, the petitioner, instead of redressing its grievance against the third respondent in the manner known to law, filed the present writ petition in order to protract and prolong the demolition proceedings already initiated by the municipal authorities.

7. In respect of recreational clubs like that of the petitioner, police authorities have to conduct frequent inspection to monitor the activities of recreational clubs. This Court as well as the Government of Tamil Nadu issued several directions for running of such recreational clubs. The Director General of Police also issued circular to ensure that the bylaws approved under the Tamil Nadu Societies Registration Act have been implemented properly and in the event of violation, actions are taken in coordination with the Societies Registration authorities and other officials in connection with the affairs of the State.

8. In this context, the legal principles in the matter of unauthorized construction have been enunciated by the Hon'ble Supreme Court in the case of Rajendra Kumar Barjatya and another v. U.P.Avas Evam Vikas Parishad and others ( Civil Appeal No.14604 of 2024 dated 17.12.2024 ) elaborately and the directives issued