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
| 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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