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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Stephen Jacob – Appellant
Versus
Commissioner Hindu Religious and Charitable Endowment Department, Chennai – Respondent
| Table of Content |
|---|
| 1. unauthorized constructions to be removed. (Para 2 , 3 , 4) |
| 2. previous court orders justify current actions. (Para 5 , 11) |
| 3. due process observed in prior actions. (Para 6 , 14) |
| 4. impact on street vendors not affected by demolitions. (Para 15 , 16) |
| 5. writ petitions dismissed. (Para 18) |
ORDER :
2. The learned counsel appearing for the respective petitioners would submit that the Manager, Arulmigu Bhagavathiammam Temple (hereinafter called as “Temple”) had constructed buildings in the form of shops in the subject premises and leased out the same to the respective petitioners. Now, the Joint Commissioner, HR&CE Department made an attempt to remove the petitioner's shops by stating that the said buildings are unauthorized constructions and in this regard, he had issued notices to the petitioners directing them to vacate the premises and handover the possession to the Temple Authorities within a period of 3 days.
4. Further, the learned counsel appearing for the Temple would also submit that in this case, there is no need for getting any approval since these constructions were put up few decades ago. After all, these are all leased out properties, for which, the petitione
The court upheld that unauthorized constructions cannot be defended by claims of lawful possession, as established due process has been observed in eviction proceedings.
The court affirmed that existing unauthorized constructions without approval are subject to removal under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, rejecting claims of lawfu....
Due process must be observed in eviction actions concerning unauthorized constructions, and failure to comply with issued notices negates claims of lawful possession.
The court upheld the legality of eviction actions taken by the Municipality based on unauthorized constructions, ruling prior court orders justified such actions, affirming the need for compliance wi....
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
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