The court affirmed the authority's power to issue demolition orders on unauthorized constructions when ownership and permissions are not clearly established.

ORDER :

ANITA SUMANTH, J.

We have heard Mr.Vijay Shankar, learned counsel appearing for petitioner, Mr.P.Anandakumar, learned Government Advocate for R1 & R6, Mr.Prabhu for R2, Mr.S.L.Sudarsanan for R3, Mr.R.Sivakumar, for R4 and Mr.S.Ravichandran, learned Additional Government Pleader, for R5.

2. W.P.No. 12172 of 2007 had been filed by one P. Bakthavatsalam arrayed as R3 in the writ petition. His prayer was for a direction to the Corporation to take appropriate action as against allegedly illegal construction made at New No.13, Old No.6, and New No.15, Old No.7, Vadivelu Mudali Street, Chennai – 600 011 by various persons, including by the Sundharamoorthy Vinayar Temple (Temple), situated on that road. That writ petition had been closed directing that no further construction should be made and no further encroachment should be permitted on the aforesaid road.

3. Pursuant thereto, an order was passed by the authorities, challenging which R3 in this writ petition had filed W.P.No. 30326 of 2013 seeking once again a mandamus directing the Corporation to remove all unauthorized and illegal structures put up by the private respondents in that writ petition. A report was sought from the Corporation of Chennai, wherein, they had stated as follows:-

“15. I respectfully submit that during the field Inspection it is also noticed that Th.Ilangovan and Tmt.Shanbagavalli and A/M Sundaramoorthy Vinaayagar Temple, Represented by Mr.Balaji have put up structure unauthorizedly in the said private land and as such notices have been issued to those persons under Section 56 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, which is already informed to the Hon’ble Court.

16. I respectfully submit that besides that it is also noticed that Th.P.Bakthavachalam the petitioner has also constructed a house at No.5/11, Vadivelu Mudali Street by deviating from the sanctioned plan as follows:

17. I respectfully submit that further action cannot be taken due to Election Code of Conduct and also due to administrative changes of enforcement action. The Locking and Sealing and Demolition notices dated 17.06.2014 under Section 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act 1971 has been issued to Mr.Ilangovan, Mrs.Shanbagavalli and also A/m Sundaramoorthy Vinaayagar Temple.

18. I respectfully submit that another notice vide Notice No. RDC CENTRAL/TP ENF/0476/2014, dated 17.06.2014 under Section 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, was issued to the petitioner calling for the approved plan and the petitioner refused to receive the same, the notice has been affixed at the petitioner’s house. Further action will be taken as per due process of law.”

4. That writ petition thus came to be closed on 23.06.2014, the Division Bench noting that the private respondents as well as petitioner appeared to have put up unauthorized construction, and directing the Corporation to take action against them in accordance with law.

5. Notices were issued to the parties thereafter, and pending those proceedings, there was an inter departmental communication in Na.Ka.No.A1/06359/2015 dated 4.8.2015 from the Tahsildar, Perambur to the Assistant Engineer, Ayanavaram (extracted below) wherein, he states that since the property at Survey No.470/1 belongs to private individuals, no action is contemplated under the provisions of the Tamil Nadu land Encroachment Act, 1905:-

N.K.No.A1/06359/2015 dated 04.08.2015

Sub: Land encroachment-Chennai District-Perambur Taluk, Perambur Zone-6, Division-16, Ward No.70-in the Vadivelu Main Road, Door No.7 a wall around Sundaramoorthy Vinayagar