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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S.M.SUBRAMANIAM
Vimala Paramanandam W/o (late) Paramanandam – Appellant
Versus
Commissioner Greater Chennai Corporation – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
For the reasons stated in the affidavit, W.M.P.No.8605 of 2025 stands ordered and the proposed party/Mr.D.Prithivee is impleaded as the fifth respondent in the writ petition.
2. The show cause notice dated 09.02.2024 issued by the Greater Chennai Corporation is under challenge in the present writ proceedings. It is not in dispute that locking & sealing notice was issued in proceeding dated 30.05.2022. The writ petitioner preferred a revision under Section 80 -A of the Tamil Nadu Town and Country Planning Act. The Government elaborately adjudicated the issues and rejected the revision petition vide letter dated 16.02.2023. The Government, while dismissing the revision petition under Section 80 -A of the Act, directed the Greater Chennai Corporation to pursue further enforcement action in respect of the petitioner's building as per the provisions of the Town and Country Planning Act. The Chennai Corporation was directed to monitor and to pursue necessary further action on the objector's building if any construction work is undertaken without proper approval.
3. Challenging the revisional order of the Government, the petitioner filed W.P.No.6880 of 2023. This
A revision under Section 80-A of the Tamil Nadu Town and Country Planning Act cannot be entertained against a de-occupation notice following a locking & sealing order.
The need for expeditious disposal of statutory appeals and the restraint on coercive steps by respondents pending disposal of the appeal.
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....
A rejected revision petition under Section 80-A of the Town and Country Planning Act renders a subsequent writ petition moot, allowing authorities to enforce actions legally.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
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