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2026 Supreme(Online)(Mad) 35221

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, CJ, G.ARUL MURUGAN, J
N.S.Rajan – Appellant
Versus
The Member Secretary Chennai Metropolitan Development Authority (CMDA) – Respondent
W.P. No. 14458 of 2026|W.M.P. No.15668 of 2026



Advocates:
For the Appellants/Petitioners: Mr.R.Gopi Narayanan
For the Respondents: Mrs.P.Veena Suresh Standing Counsel for R1, Ms.K.Aswini Devi Standing Counsel for RR2 and 3

Authorities must process complaints on unauthorised constructions per Tamil Nadu Town and Country Planning Rules, 2022, issuing notices and inspections.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution seeking a mandamus to direct authorities to evaluate illegal constructions by the adjacent property owner violating setback regulations and issue lock and seal demolition notice. Relevant law includes Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022, notified via G.O.Ms.No.195 dated 05.11.2022, prescribing procedures for complaints on unauthorised developments under Rules 3, 4, and 5. Court noted complaints dated 09.09.2025 and 20.09.2025 regarding non-compliance with planning permissions. Issue framed as direction to authorities to consider complaints on unauthorised construction without setbacks. Ratio decidendi: Authorities must follow Rule 3 by issuing Form-I notice, conducting inspection, and proceeding per Rules 4 and 5 upon receiving complaints, without expressing opinion on merits. Writ petition disposed directing third respondent to consider complaint and proceed in accordance with law within twelve weeks, affording opportunity to parties; no order as to costs.

Table of Content
1. petitioner's complaints on neighbour's setback violations. (Para 2 , 3)
2. rules mandate notice and inspection for complaints. (Para 4 , 5)
3. direct consideration within 12 weeks per law. (Para 6)

Heard.

2.The writ petition is filed seeking for a direction to the respondents No.1 to 3 to consider the online complaints of the petitioner dated 09.09.2025 and 20.09.2025, in respect of the unauthorised construction put up by the fourth respondent.

3.According to the petitioner, he is the owner of the property situated in plot No.905, Vaigai Colony, J-Block, 17th Street, Anna Nagar West, Chennai. The fourth respondent, who is the adjacent owner of plot No.904, is putting up a construction without leaving any setback place and violating all the regulations of the Act and Rules. Even though the petitioner had submitted repeated complaints to the authorities complaining about the unauthorised construction, no steps were taken and hence, the present writ petition.

4.The learned Standing counsels taking notice for the respondents No.1 to 3 submitted that, already the Government has issued G.O.Ms.No.195, Housing and Urban Development [UD4(1)], dated 05.11.2022, notifying the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022, whereunder procedures have been set out in respect of dealing complaints regarding unauthorised construction. In view of the rules in place, the complaints made by the petitioner would be looked into and proceeded further.

5.The petitioner had made a complaint to the authorities alleging unauthorised construction put up by the fourth respondent in contravention to the planning permission and the rules. As per Rule 3 of the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022, the appropriate planning authority or the officer authorised may, on own motion or on receipt of complaint regarding unauthorised development, issue notice in Form-I to the owner or occupier of such building, calling for the plan and after conducting inspection, shall proceed as per Rules 4 and 5 of the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022.

6.In view of the submissions made and considering the rules in place, without expressing any opinion on merits, we dispose of this writ petition directing the third respondent to consider the complaint of the petitioner and proceed in accordance with law, after affording opportunity to all the parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN, J)

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