Case Note & Summary
Sree Gokulam Chit and Finance Company (P) Ltd., the petitioner, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against the Commissioner, Greater Chennai Corporation (1st respondent), Chennai Metropolitan Development Authority (2nd respondent), and three private individuals (respondents 3 to 5). The petition alleged that respondents 3 to 5 had carried out unauthorized constructions in Plot Nos.30-A and 30-B, First Cross Street, 24th Main Road, K.S.Nagar, Kavankarai, Puzhal Village, Madhavaram Taluk, Chennai, in serious violation of building plan permissions. The petitioner had earlier submitted a representation on 18.01.2024 urging the authorities to take action. During the hearing, the Executive Engineer, Greater Chennai Corporation, Zone III, Madhavaram, filed a status report. An inspection was conducted on 21.06.2024, revealing that the 4th respondent, Mrs. Arifa Begum, alone had obtained planning permission for her building at Plot No.30B, while the other respondents had no such permission. The court recorded the contents of the status report and was in the process of considering the matter for appropriate directions. The order noted the violations and the need for action, but the final decision was not captured in the available text.
Headnote
A) Constitutional Law - Article 226 Writ of Mandamus - Enforcement of Building Regulations - Constitution of India, 1950, Article 226 - The petitioner sought a mandamus to direct the Commissioner, Greater Chennai Corporation and Chennai Metropolitan Development Authority to consider its representation and remove unauthorized constructions by private respondents. The court considered a status report filed by the Corporation which indicated that only the 4th respondent had obtained planning permission for her building at Plot No.30B. The matter was under consideration for further directions (Paras 1-2).
Issue of Consideration
Whether a writ of mandamus should be issued directing the respondents 1 and 2 to consider the petitioner's representation dated 18.01.2024 and take action to remove the unauthorized constructions by respondents 3 to 5.
Final Decision
The court noted the status report filed by the Executive Engineer, Greater Chennai Corporation, which indicated that the 4th respondent alone had obtained planning permission. The matter was under consideration for further directions.
Law Points
- Writ of Mandamus
- Unauthorized Construction
- Building Plan Permission
- Article 226
