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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S.SUNDAR, N.SENTHILKUMAR
A.Balakrishnan – Appellant
Versus
Chairman, Tamil Nadu Local Bodies Ombudsman – Respondent
ORDER :
S.S. SUNDAR, J.
This writ petition is filed to quash the impugned order passed by the first respondent vide proceedings in Order No.305/Maa/2023 dated 31.10.2023.
2. The petitioner states that he is the absolute owner of the property comprised in Old Survey No.388, R.S.No.128/1 bearing New Door No.44 (Old No.65) in Thiagappa Street, Kilpauk, Chennai-10 to an extent of 3072 ½ sq.ft., of land with building thereon. It is his case that his father purchased the said property from one C.Balasubramaniam by a sale deed dated 04.12.1976. It is the specific case of petitioner that the present building is 50 years old and it is in existence for a few decades. The fifth respondent herein has purchased the property bearing Door No.42 in the same street, which is adjacent to the property of writ petitioner. It appears that the fifth respondent and her husband made several representations to the Corporation officials alleging that the petitioner has made construction without building plan approval. Even though the Corporation officials have issued a show cause notice in the year 2009 for taking action against the petitioner for unlawful construction, it is admitted that there was no follow
The Ombudsman lacks jurisdiction to address civil disputes involving unauthorized construction without notice to affected parties; such matters must be pursued in civil courts.
Writ petitions disposed as Ombudsman's directions acted upon; further action awaits statutory appeal outcome.
The main legal point established in the judgment is that the Ombudsman's jurisdiction is limited by the provisions of the Tamilnadu Local Bodies Ombudsman Act 2014, particularly with regard to enquir....
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.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
Court affirmed the necessity to adhere to statutory procedures in addressing unauthorized constructions under local body laws.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
The need for expeditious disposal of statutory appeals and the restraint on coercive steps by respondents pending disposal of the appeal.
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