Common areas in a housing complex are held for the collective enjoyment of all flat owners and cannot be subject to private encroachment or division by mutual agreement; unauthorized constructions therein, violating the sanctioned building plan, are liable for demolition by the municipal authority under the relevant local bodies legislation.

COMMON ORDER

(Judgment of the Court was made by P.VELMURUAN, J.)

Being satisfied with the reasons stated in WMP(MD)No.25488 of 2025 filed for impleadment, the said petition is allowed. WMP(MD)No.24478 of 2025 filed to permit the petitioners to file a single writ petition is allowed.

The impleaded respondents in the writ petitions originally filed W.P(MD)No.23474 of 2024 for a Mandamus, directing the respondents 1 to 3 therein to remove the unauthorized constructions made by the respondents 4 to 8 therein in the common area or the land, which are reserved for common use for all the flat owners in Block No.A8 in Resurvey No.161/1A Part & 168/8 Part situated at Madurai Corporation ward No.44, M.I.G. Colony, K.K.Nagar, Madurai, and also direct to ensure that the respondents 4 to 8 therein shall not put up any construction. This Court after hearing both sides, by order dated 15.10.2024 disposed of the said writ petition with the following direction:

''4.In this backdrop, we deem it fit to direct the Commissioner, Madurai Corporation, to cause an inspection of the area through his officials and take action to remove the unauthorized constructions put up anywhere inside the apartment complex. The learned counsel for the Housing Board is directed to hand over the copy of the plan of the construction put up by the Housing Board to the Madurai Corporation. The Madurai Corporation will issue appropriate notices under the Town and Country Planning Act and take action to remove all the unauthorized constructions that are found inside the apartment complex, by following the procedure prescribed under the Town and Country Planning Act. Let the needful be done within a period of 12 weeks from the date of receipt of copy of this order.''

2. Since the respondents 1 to 3 therein not complied with the order, the writ petitioners in W.P(MD)No.23474 of 2024 have filed Cont.P(MD)No.708 of 2025 against the Commissioner of Madurai Corporation. Subsequently, the Executive Engineer of Tamil Nadu Housing Board, Madurai has been suo motu impleaded as 2nd respondent by the order of this Court dated 21.08.2025. Pending contempt petition, the 1st respondent/Commissioner of Madurai Corporation issued show cause notices dated 15.09.2025 invoking Section 135(1 & 2) of the Tamil Nadu Urban Local Bodies Act 1998, to the private respondents in W.P(MD)No.23474 of 2024 calling for explanation as to why the unauthorised construction put up by them should not be demolished. The private respondents also submitted their explanations to the same. However, rejecting the explanations of the private respondents, the 1st respondent issued the impugned demolition notices dated 08.10.2025 under Section 135(1 & 2) of the Tamil Nadu Urban Local Bodies Act 1998, directing them to remove the unauthorised construction put up by them by themselves otherwise it will be removed by the Corporation. Challenging the said notices, the present writ petitions have been filed and the Division Bench of this Court had granted an order of status quo to be maintained. Since the prayer in the three writ petitions is one and the same, they were tagged along with the contempt petition and heard together.

3. As far as the contempt petition is concerned, since the original approved plan was not available with the 1st respondent/Commissioner of Madurai Corporation, this Court suo motu impleaded the Executive Engineer, Tamil Nadu Housing Board, Madurai, as 2nd respondent in the contempt petition and directed him to furnish copy of the plan of construction put up by the Housing Board to the Commissioner, Madur