Case Note & Summary
The matter involved a writ petition filed under Article 226 of the Constitution of India by the petitioner association, which represented owners in the Mahidhara Central Layout. The petitioner alleged that the 5th respondent was carrying out construction at Plot Nos. 487 and 506 in Sector V of the layout, situated in Kondavakkam Village, Sriperumbudur Taluk, Kancheepuram District, in violation of the approved building plan. The petitioner association had previously filed a complaint regarding this violation, resulting in the 3rd respondent, the Block Development Officer, issuing proceedings dated 30.08.2024. The writ petition sought a mandamus directing respondents 1 to 4, the District Collector, Directorate of Town and Country Planning, Block Development Officer, and Valarpuram Panchayat, to take immediate and appropriate action against the 5th respondent based on those proceedings, and to consequently restrain the 5th respondent from proceeding with the unauthorized construction. The High Court, comprising Justice S.M. Subramaniam and Justice K. Rajasekar, issued an order on 20.02.2025 after hearing arguments from counsel for the petitioner and respondents. The judgment text provided does not contain the substantive reasoning or final decision of the Court.
Headnote
A) Constitutional Law - Article 226 - Writ of Mandamus - Constitution of India, 1950, Article 226 - The petitioner sought a direction to respondents 1 to 4 to take action against the 5th respondent in accordance with the proceedings of the 3rd respondent dated 30.08.2024 and to restrain the 5th respondent from proceeding with construction in violation of the approved building plan - (Paras 1-2)
Issue of Consideration
Case Details
2025 LawText (MAD) (02) 143
W.P.No.32183 of 2024 and W.M.P.No.34943 of 2024
S.M.Subramaniam, K.Rajasekar
Ms.S.Aswini for petitioner, Mr.M.Alagu Goutham for R1 & R2, Mr.Karthik Jaganath for R3, Mr.T.D.Selvan Babu for R5, R4-Not ready in notice
Mahidhara Central Owners Welfare Association (MCOWA), represented by its Secretary Mr.S.Sunil
1. The District Collector - Kancheepuram; 2. Directorate of Town and Country Planning; 3. Block Development Officer - Sriperumbudur; 4. Valarpuram Panchayat Office, represented by its President; 5. Polyhose Enterprises LLP, represented by its Authorized Signatory
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Nature of Litigation
Writ petition under Article 226 of Constitution of India seeking mandamus to enforce building plan violation proceedings.
Remedy Sought
Direction to respondents 1 to 4 to take action against 5th respondent as per proceedings of 3rd respondent dated 30.08.2024, and to restrain 5th respondent from proceeding with construction in violation of approved building plan.
Filing Reason
Alleged construction by 5th respondent in violation of approved building plan at Plot Nos.487 and 506, Sector V, Mahidhara Central Layout.
Previous Decisions
3rd respondent (Block Development Officer) issued proceedings dated 30.08.2024 regarding the violation.
Judgment Excerpts
The writ of mandamus has been instituted to direct the respondents 1 to 4 to take immediate and appropriate action against the 5th respondent in accordance with the proceedings of the 3rd respondent dated 30.08.2024 and consequently restrain the 5th respondent from proceeding with the construction in violation of the approved building plan at Plot Nos.487 and 506 in Sector V, Mahidhara Central Layout, comprised in Survey Nos.50/15A and 50/7A3 at Kondavakkam Village, Valarpuram Panchayat, Sriperumbudur Taluk, Kancheepuram District.
The petitioner association filed a complaint regarding...
Procedural History
Petitioner association filed complaint regarding construction violation. 3rd respondent (Block Development Officer) issued proceedings dated 30.08.2024. Petitioner filed writ petition under Article 226 seeking mandamus to enforce those proceedings and to restrain construction. High Court heard the matter on 20.02.2025.
Acts & Sections
- Constitution of India: Article 226
