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2023 Supreme(Online)(Mad) 90513
MADRAS HIGH COURT
R.Methran – Appellant
Versus
The Commissioner – Respondent
WP/706/2023
Local authorities have a statutory duty to take action against unauthorized constructions under the Tamil Nadu Town and Country Planning Act.
Headnote:
UNAUTHORIZED CONSTRUCTION - ACTION AGAINST - MANDAMUS - [Sections 56, 57, 85 of the Tamil Nadu Town and Country Planning Act] - The court directed the respondents to proceed further based on the notice issued against the unauthorized construction in accordance with law, within a period of three weeks from the date of receipt of a copy of the order.
Fact of the Case:
The petitioner, who is the owner of a property in Mylapore, Chennai, filed a writ petition seeking a direction to the respondents to take action against the unauthorized construction of the 4th respondent, who is his neighbor. The petitioner alleged that the 4th respondent had constructed ground + three floors without obtaining any permission or approval, and that the respondents had not taken any action on his complaint against the 4th respondent. The respondents submitted that they had issued a notice against the 4th respondent under Section 57 read with 85 of the Tamil Nadu Town and Country Planning Act on 10.01.2023.
Finding of the Court:
The court directed the respondents to proceed further based on the notice issued against the unauthorized construction in accordance with law, within a period of three weeks from the date of receipt of a copy of the order.
Issues: Whether the respondents were obligated to take action against the unauthorized construction of the 4th respondent.
Ratio Decidendi: The court held that the respondents were obligated to take action against the unauthorized construction of the 4th respondent under Sections 56, 57, and 85 of the Tamil Nadu Town and Country Planning Act.
Final Decision: The court directed the respondents to proceed further based on the notice issued against the unauthorized construction in accordance with law, within a period of three weeks from the date of receipt of a copy of the order.
W.P.No.706 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Writ Petition No.706 of 2023
R.Methran
.. Petitioner
Vs.
1.The Commissioner
Greater Chennai Corporation
Rippon Buildings
Chennai-600 003.
2.The Regional Deputy Commissioner (Central)
Greater Chennai Corporation
2nd cross street
Pulla Avenue
Shenoy nagar, Chennai-600 030.
3.The Zonal Officer
Zone-IX, Greater Chennai Corporation
No.1, 4th cross street
Lake View Road
Nungambakkam, Chennai-600 034.
4.V.Bindhya
.. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus to direct the
respondents 1 to 3 to take action as against the unauthorised building of
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W.P.No.706 of 2023
the 4th respondent at No.33, Virupaksheeswarar Kovil street, Mylapore,
Chennai-600 004 based on the petitioner's representation dated
12.12.2022 within a time frame.
For Petitioner
: Mr.V.C.Selvasekaran
For R1 to R3
: Mr.D.B.R.Prabhu
Standing Counsel
O R D E R
(Order of the Court was delivered by V.M.VELUMANI,J.)
The petitioner has come out with present writ petition for a
direction to the respondents 1 to 3 to take action as against the
unauthorised building of the 4th respondent based on the petitioner's
representation dated 12.12.2022.
2.By consent of both the learned counsel appearing for the
petitioner as well as Mr.D.B.R.Prabhu, learned Standing Counsel, who
takes notice for the respondents 1 to 3, the Writ Petition is taken up for
final disposal at the stage of admission itself.
3.Heard the learned counsel appearing for the petitioner as well as
learned Standing Counsel appearing for the respondents 1 to 3 and
perused the entire materials on record.
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W.P.No.706 of 2023
4.The petitioner and his two cousins viz., R.Sonaa & B.Babina are
owners of the property at old door No.9, new no.31, Virupaksheeswarar
Kovil street, Mylapore, Chennai-4. They applied for planning permission
and the same was rejected by the 3rd respondent. On the advice of builder
and Officials of the respondents 1 to 3, without plan and approval, the
petitioner constructed ground + two floors. The 4th respondent, who is
neighbour of the petitioner lodged a complaint against the petitioner. The
respondents issued pre-notice dated 29.07.2022 under Sections 56 & 57
read with Section 85 of the Tamil Nadu Town and Country Planning Act
and lock & seal and demolition notice dated 15.10.2022 under Section 57
read with Section 85 of the Tamil Nadu Town and Country Planning Act
calling upon the petitioner to restore the land to its original condition.
Subsequently, the respondents 1 to 3 put up lock and seal of the
petitioner's property.
5.According to the petitioner, the 4th respondent, who is his
neighbour has constructed ground + three floors without obtaining any
permission and approval and it is only an unauthorised construction. He
made a complaint to the 3rd respondent on 26.09.2022 and another
complaint to the respondents 1 & 2 on 22.09.2022 against the 4th
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W.P.No.706 of 2023
respondent. Since the respondents 1 to 3 have not taken any action on the
complaint, the petitioner has sent a representation dated 12.12.2022 to
the respondents 1 to 3 to take action against the 4th respondent. Since
they have not taken any action, the petitioner has come out with the
present writ petition.
6.Learned counsel appearing for the petitioner submitted that the
complaint given by the petitioner is not acted upon. On the other hand,
on the complaint given by the 4th respondent, the respondents 1 to 3 put
up lock and seal of the petitioner premises.
7.Mr.D.B.R.Prabhu, learned Standing Counsel a
