Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India challenging a revision order passed by the first respondent under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 dated 12.09.2024, and the consequential de-occupation notice dated 21.01.2025 issued by the third respondent. The petitioner, D. Sasikala, claimed possession over a property belonging to Arulmigu Thiruvalleeswarar Thiru Kovil, Padi, Chennai, where she allegedly constructed a small residential house after the existing structure became dilapidated. The petitioner admitted that no building plan permission was obtained from the Chennai Corporation for the construction. The petitioner’s counsel argued that the petitioner, a daily wage earner, constructed the house for personal residence and that the extent of the land was below 300 sq. ft., therefore no permission was required and the construction should not be treated as unauthorised. The respondent temple, represented through the HR & CE Department, contended that the petitioner was never a lessee; the previous tenant, Mrs. Malliga, died on 20.05.2015, and the temple had not granted any tenancy thereafter. The court heard submissions but the final decision was not recorded in the available portion of the judgment.
Issue of Consideration
Whether the construction of a small residential house without building plan permission can be exempted and whether the petitioner has tenancy rights over temple property to resist eviction
Law Points
- building plan permission requirement
- unauthorized construction
- revision order under Section 80-A of Tamil Nadu Town and Country Planning Act
- 1971
- tenancy rights over temple property
- writ jurisdiction under Article 226
Case Details
2025 LawText (MAD) (02) 110
W.P.No.5475 of 2025 and W.M.P.Nos.6026 & 6027 of 2025
S.M. Subramaniam, K. Rajasekar
S. Illamvaludhi, T. Chandrasekaran, E.C. Ramesh, N.R.R. Arun Natarajan
The Additional Secretary to Government, Housing and Urban Development Department and others
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging revision order under Section 80-A of Tamil Nadu Town and Country Planning Act, 1971 and de-occupation notice issued by the Corporation
Remedy Sought
To quash the government letter dated 12.09.2024 and the de-occupation notice dated 21.01.2025, and direct respondents not to take coercive steps and allow the petitioner to continue tenancy
Filing Reason
Petitioner constructed a small residential house on temple property without building plan permission; the government confirmed the unauthorized construction and the Corporation issued a de-occupation notice
Previous Decisions
The first respondent passed a revision order dated 12.09.2024 under Section 80-A of the Act confirming the unauthorized construction
Issues
Whether a construction of a small house without building plan permission can be exempted or regularized
Whether the petitioner has any tenancy rights over the temple property
Submissions/Arguments
Petitioner argued that the land extent is below 300 sq. ft., so no building permission is required and the construction is for personal residence by a daily wage earner
Respondent temple argued that the petitioner is not a lessee; the previous tenant died in 2015 and no lease was granted thereafter
Judgment Excerpts
the petitioner admits that no Building Plan Permission has been obtained from Chennai Corporation for construction of a house.
the petitioner is not at all a lessee of the temple. One Mrs.Malliga was the tenant and she died on 20.05.2015.
Procedural History
Petitioner filed the instant writ petition after first respondent passed a revision order under Section 80-A dated 12.09.2024 and third respondent issued a de-occupation notice dated 21.01.2025. The matter came up before the High Court on 19.02.2025 for hearing.
Acts & Sections
- Tamil Nadu Town and Country Planning Act, 1971: 80-A
- Constitution of India: 226
