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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
Loganathan – Appellant
Versus
State of Tamil Nadu, Represented by its Secretary to Government, Housing and Urban Development Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
The writ of mandamus has been instituted to direct the respondents 4 to 6 herein to forthwith de-seal the lock and seal of the premises situate at Door No.37/97, Rajaji Street, Madhavaram, Chennai - 600 060.
2. One Tmt.B.Jeyanthi/8th respondent has given a complaint stating that the buildings are constructed unauthorisedly in the subject land and there is no Patta for the lands in which constructions are made. Since no action has been taken by the competent Authorities, the said Tmt.B.Jeyanthi/8th respondent filed W.P.No.11584 of 2024 and the Division Bench of this Court passed an order on 22.08.2024, directing the Official respondents therein to take necessary action for removal of the unauthorised construction put up by the writ petitioner herein by following the Government Orders, Rules etc., within a period of twelve weeks from the date of receipt of a copy of the order.
3. Thereafter, Lock and Seal and De-occupation Notice was issued by the Greater Chennai Corporation in proceedings dated 20.11.2024. The said notice reveals that action was taken in the year 2023 itself and Stop Work Notice, Lock and Seal and Demolition and De-occupation notice were issu
A writ of mandamus cannot be issued to de-seal premises when the petitioner has failed to comply with prior statutory orders regarding unauthorized construction.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
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....
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
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