Local authorities have a duty to take action against unauthorized construction and encroachment.

W.P.No.31545 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and

THE HONOURABLE

MRS.JUSTICE R.HEMALATHA

W.P.No.31545 of 2022

T.Sabitha

.. Petitioner

Vs.

1.The Member Secretary,

Chennai Metropolitan Development Authority,

Thalamuthu Natarajan Building,

No.1, Gandhi Irwin Road,

Egmore, Chennai-600 008.

2.The Executive Officer,

Mangadu Town Panchayat,

Mangadu Chennai-600 122.

3.Ramadoss

.. Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Mandamus, directing the 1^st and

2^nd Respondents to take necessary and immediate enforcement action

against the 3^rd Respondent deviated and unauthorised construction at Plot

No.5A and 5B, A.R. Nagar, Mangadu Village, Chennai-600 122, as per

the provision of Tamil Nadu Urban Local Bodies Act, 1998 and Rules

2000.

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W.P.No.31545 of 2022

For Petitioner

: Mr.M.Devaraj

For R1

: Mr.C.N.Vinobha

Standing Counsel (CMDA)

For R2

: Mr.P.Srinivas

Standing Counsel

For R3

: Mr.S.Sathish Rajan

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.)

The present writ petition is filed for a direction to the respondents

1 and 2 to take necessary and immediate enforcement action against the

3^rd respondent deviated and unauthorised construction at Plot No.5A and

5B, A.R. Nagar, Mangadu Village, Chennai-600 122, as per the provision

of Tamil Nadu Urban Local Bodies Act, 1998 and Rules 2000.

2. Heard Mr.M.Devaraj, learned counsel appearing for the

petitioner, Mr.C.N.Vinobha, learned Standing Counsel appearing for the

1^st respondent, Mr.P.Srinivas, learned Standing Counsel appearing for the

2^nd respondent as well as Mr.S.Sathish Rajan, learned counsel appearing

for the 3^rd respondent and perused the entire materials on record.

3. The petitioner is a Power of Attorney of one T.Sabitha, who is

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W.P.No.31545 of 2022

the owner of Plot No.6 measuring to an extent of 3042 sq.ft., comprised

in Survey Nos.357/9, 10 and 11 situated at A.R.Nagar, approved by

MMDa PPD/LO.12/1998 in Mangadu Village, Sriperumbudur Taluk,

Kancheepuram District. The 3^rd respondent is the owner of adjacent plot

of the petitioner bearing No.5, A.R.Nagar, Mangadu Village,

Sriperumbudur Taluk, Kancheepuram District. The 3^rd respondent sub

divided the said plot into Survey Nos.5A and 5B measuring to an extent

of 885 sq.ft., and 1876 sq.ft., respectively and put up construction

contrary to the approved plan and also encroached 116 sq.ft of the

petitioner's property. The petitioner has given various complaints to the

respondents 1 and 2. Thereafter, the 1^st respondent by its Letter No.EC/C-

1/2420/2020, dated 30.05.2020 directed the 2^nd respondent to take

necessary action against the unauthorised construction put up by the 3^rd

respondent. The 3^rd respondent informed that he is ready to co-operate

and willing for the survey of the property in question. Inspite of that, the

2^nd respondent has not inspected the property and has not taken any

action. Hence, the petitioner has come out with the present writ petition.

4. Mr.S.Sathish Rajan, learned counsel appearing for the 3^rd

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W.P.No.31545 of 2022

respondent submitted that the 3^rd respondent sub divided the property as

Survey Nos.5A and 5B and constructed flats and sold the same to various

third parties and there is no unauthorised construction put up by the 3^rd

respondent.

5. Mr.P.Srinivas, learned Standing Counsel appearing for the 2^nd

respondent submitted that the 2^nd respondent/the Executive Officer,

Mangadu Town Panchayat has now been upgraded as Mangadu

Municipality and new Commissioner will inspect the property in

question and if there is any unauthorised construction put up by the 3^rd

respondent, necessary action wil