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2024 Supreme(Online)(MAD) 22368

HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.KRISHNAKUMAR
Giridaran.R – Appellant
Versus
The District Collector – Respondent



Authorities must take prompt action against unauthorized constructions to ensure compliance with property regulations.

Headnote:

Construction - Writ Petition - N/A - Court directed necessary action against unauthorized construction in violation of property norms, emphasizing compliance within stipulated time.

Fact of the Case:

The petitioner sought the court's intervention to demolish unauthorized constructions made by the fourth respondent after only obtaining permission for ground floor.

Finding of the Court:

The court noted the government's commitment to take action against the unauthorized construction and directed compliance with the law.

Issues: Whether the unauthorized construction by the fourth respondent violated existing property norms.

Ratio Decidendi: The court highlighted the obligation of authorities to act against unauthorized constructions and emphasized timely compliance.

Final Decision: The court directed action against unauthorized construction within twelve weeks.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.]

Prayer in this writ petition is to direct the respondents 1 to 3 to remove and demolish the illegal construction put up by the fourth respondent in Door No.92-A, M.J.Illam, Chellandi Amman Garden, Old No.11, New No.8, Pasumai Nagar, Guziliamparai Taluk, in violation of the blueprint and norms and to remove the mud pathway laid by him in the common pathway by raising the road level by 5 feet from his house to Karur-Dindigul Main Road within the time stipulated by this Court.

2. According to the petitioner, the fourth respondent, after obtaining permission from the third respondent for the ground floor, he has constructed first floor unauthorizedly.

3. Learned Government Advocate appearing for the respondents 1 to 3, on instructions, submits necessary action will be taken against the fourth respondent for his unauthorized construction of first floor in the subject property.

4. In view of the above submission of the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3, we direct the third respondent to take necessary action against the fourth respondent for removal of unauthorized construction made by him in the subject land, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.]

25.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No krk To:

1.The District Collector, Dindigul District, Dindigul.

2.The Assistant Director of Town Panchayat, Dindigul Zone, Collectorate, Dindigul.

3.The Executive Officer, Palayam Town Panchayat, Guziliamparai & Taluk, Dindigul District.

D.KRISHNAKUMAR , J .

and R.VIJAYAKUMAR, J.

krk W.P.(MD) No.15854 of 2022

25.03.2024

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