Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, MUMMINENI SUDHEER KUMAR
Arulmigu Sundharamoorthy Vinayagar Temple – Appellant
Versus
Secretary to Government – Respondent
| Table of Content |
|---|
| 1. details regarding property ownership and unauthorized constructions. (Para 1 , 4 , 5 , 6 , 8) |
| 2. arguments regarding the legal standing and actions taken. (Para 2 , 3 , 9 , 11) |
| 3. court observations on conflicting reports and management. (Para 7 , 10 , 12 , 13) |
| 4. final decision affirming prior orders. (Para 14) |
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.
The court affirmed the authority's power to issue demolition orders on unauthorized constructions when ownership and permissions are not clearly established.
Suppression of material facts, including pending civil suit, renders administrative orders non-binding and unenforceable.
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
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.
Encroachment upon public land cannot be justified by claims of long-standing use or worship, and statutory provisions must be adhered to.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
