Enforcement of statutory compliance regarding unauthorized constructions requires prompt action by relevant authorities.

(Order of the Court was made by the Hon'ble J.Nisha Banu J.)

This writ petition has been filed for a direction to the respondents 1 and

2 to consider the petitioner's representation dated 31.03.2023 and demolish nd rd the unauthorised construction i.e., the 2 and 3 floor at No.13/5, Agatheeswarar Koil Street, Villivakkam, Chennai-600 049 and also directing rd the 3 respondent to enquire about the non-mentioning and non-inclusion of nd rd the said 2 and 3 unauthorised sealed portion at No.13/5, Agatheeswarar Koil Street, Villivakkam, Chennai 600 049 in the Sale Deed dated 28.09.2022 and initiate appropriate action.

2. It is stated by the petitioner that his neighbour viz., Kamaraj nd rd constructed unauthorised construction in the 2 and 3 floor at No.13/5, Agatheeswara Koil Street, Villivakkam, Chennai. The petitioner filed W.P.No.7667 of 2009 seeking direction to the authorities to take action. The said writ petition was allowed on 26.06.2009 with a direction to the Corporation to demolish the unauthorized construction by following due process of law.

3. The Corporation Authorities also issued notice dated 10.08.2009 under Section 378 of Chennai City Municipal Corporatin Act. Challenging the said notice, the said Kamaraj filed W.P.No.17168 of 2009 and the said writ petition was disposed of on 04.01.2010 with a direction to the petitioner/Kamaraj, to approach competent authority u/s.49 of the Act.

4. The petitioner thereafter filed Contempt Petition No.576 of 2011, pursuant to which, the respondent-Corporation issued notice dated 26.04.2011 u/s.56 read with Section 85 of the Town and Country Planning Act, 1971, to Kamaraj to restore the original position as per the sanctioned plan within seven days. Thereafter,the contempt petition was closed.

5. The petitioner further states that the said Kamaraj filed W.P.No.12050 of 2011 as against the notice directing to restore the original position as per the sanctioned plan. The said writ petition was disposed of by this court on 13.02.2014 with a direction to submit a reply to the said notice.

6. According to the petitioner, no further proceedings were initiated nd thereafter by the respondents and therefore, he sent a representation to the 2 respondent on 14.07.2015 and also sent lawyer notice dated 14.07.2015 and he has not received any reply.

7. The petitioner also filed W.P.No.10967 of 2019 seeking direction to the respondents 1 and 2 to remove the unauthorised construction put up by Kamaraj. The said writ petition was disposed of on 19.06.2019. Thereafter, unauthorised constructions in the 2^nd and 3^rd floor was sealed. However, no action has been taken thereafter.

8. The petitioner further states that 4^th respondent has purchased the property from Kamaraj. The petitioner again sent representation dated 31.03.2023 requesting respondents 1 and 2 to demolish the unauthorised construction. The petitioner states that he is in constant apprehension and fear that the unauthorised structure may fall down on his house.

9. Mr.D.B.R.Prabhu, learned Standing counsel appearing for Corporation of Chennai viz., respondents 1 and 2, submits that the Corporation will consider the representation dated 31.03.2023 and will take necessary action.

10. 4^th respondent filed counter affidavit. He submits that he is an innocent purchaser and taken loan and purchased the property and he is not aware about the contempt and other petitions filed before this court in respect of the building in question. It is also stated that Kamaraj died. He purchased the said property for valuable consideration and he is possession and enjoyment of the same and he has been paying all Government Taxes and other charges.

11. Heard.

12. Taking note of the facts of the case and the earlier order of this court dated 19