Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India by a licensed building engineer and active participant in the activities of the fourth respondent’s Pallivasal, seeking a mandamus to direct the Coimbatore Corporation to remove unauthorised construction of a new masjid. The petitioner alleged that in February 2024, respondents 4 and 5 demolished the old building and began new construction without obtaining planning permission. Despite the petitioner’s advice to secure necessary approvals, the construction continued. The Corporation admitted that no planning permission was obtained and issued a stop work notice on 05.11.2024. Respondents 4 and 5 contended that the work was a renovation permitted by the Tamil Nadu Wakf Board and that they had appealed for exemption. The court examined photographs showing demolition and new construction, and held that even renovation requires permission from the Corporation. It emphasized that unauthorised constructions in urban areas cause public inconvenience and cannot be permitted. The court concluded that the action of respondents 4 and 5 was illegal. Accordingly, the writ petition was allowed; the first respondent was directed to remove the unauthorised constructions within four weeks, with liberty to respondents 4 and 5 to obtain building plan permission afresh and proceed in accordance with law. No costs were awarded.
Headnote
A) Municipal Law / Urban Planning - Requirement of Planning Permission - Unauthorised Construction - [Act not specified] - Even renovation work requires permission from the Corporation; construction without planning permission is illegal and violative of the Act. Held: The first respondent is directed to remove the unauthorised constructions within four weeks (Paras 6-8). B) Constitutional Law - Writ Jurisdiction under Article 226 - Mandamus - Constitution of India, 1950, Article 226 - Where a building is constructed without planning permission and the municipal authority admits the illegality, a writ of mandamus can be issued to direct removal of the unauthorised construction to prevent public inconvenience (Paras 5,7,8). C) Religious Institutions - Municipal Permission Independent of Wakf Board Approval - The permission of the Wakf Board does not exempt religious institutions from obtaining planning permission from the municipal corporation; the requirement of planning permission under municipal law is independent and mandatory (Paras 3,5,6).
Issue of Consideration
Whether a writ of mandamus can be issued to direct the municipal corporation to take action against unauthorized construction of a religious building.
Final Decision
The writ petition is allowed. The first respondent is directed to remove the unauthorised constructions within four weeks. Respondents 4 and 5 are permitted to obtain building plan permission afresh and proceed in accordance with law. No costs.
Law Points
- Legal points not extracted
- Unauthorised construction without planning permission is illegal
- renovation also requires permission from the local authority
- urban constructions must comply with planning regulations
- writ of mandamus lies to direct removal of unauthorized construction
