A local authority is duty-bound to examine and pass reasoned orders on representations alleging unauthorized construction by conducting spot inspections and ensuring compliance with statutory building regulations.

(Order of the Court was made by G.R.SWAMINATHAN, J . )

Heard Mr.E.Arun Kumar, learned counsel for the petitioner, Mr.M.Murali, learned Government Advocate for the first respondent and Mr.D.B.R.Prabhu, learned counsel for the second respondent. 2. Issuance of notice to the third respondent is dispensed with.

3. The petitioner is a resident of Murugaesan Street in Karayanchavadi, Chennai. According to the petitioner, the third respondent had put up a multi- storied construction in the adjacent land. He alleges that the entire construction is without a building plan or approval. He would claim that the third respondent has encroached upon his property. The petitioner has given a representation to the first respondent in this regard. The petitioner wants action to be taken under Section 134 of the Tamil Nadu Urban Local Bodies Act, 1998, which reads as follows:

“134. Penalty for unauthorised construction.-

Where the construction, reconstruction or modification of any building is commenced or completed in contravention of the provisions of this Act or the rules made thereunder, the owner shall be liable, by way of penalty, to pay a sum which shall not exceed [one lakh rupees] and in the case of a continuing contravention, such further sum which shall not exceed fifty rupees per square feet every day during which the contravention continues.”

4. We direct the first respondent to issue notice to the petitioner as well as to the third respondent, cause a spot inspection, and pass final orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. We clarify that we have not gone into the merits of the matter.

5. With the above direction, the Writ Petition stands disposed of.

Consequently, connected miscellaneous petition is closed. No costs.