Case Note & Summary
The petitioner, a resident of Seashore Town, Panaiyur, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the Chennai Metropolitan Development Authority, the Commissioner of Greater Chennai Corporation, and the Assistant Commissioner of Zone 15 (respondents 1 to 3) to take action against the fourth respondent and demolish the unauthorized construction being carried out by him at Plot No.86, 3rd Avenue, Seashore Town, Panaiyur, Sholinganallur, Chennai. The construction was alleged to be in violation of the Tamil Nadu Combined Development and Building Rules, 2019 and CMDA Regulations. The matter came up before a Division Bench of the High Court. The standing counsel for the Corporation informed the court that the authorities had conducted a field inspection on 13.02.2025 and subsequently issued a Stop Work Notice to the fourth respondent. The court noted that since a notice had already been issued, the fourth respondent's right to defend his case was protected. The court directed the second and third respondents to continue all further actions by following due process as contemplated under the relevant Act and Rules. It further directed that if any unauthorized constructions were identified, they be demolished after following the prescribed procedures. The entire exercise was to be completed within three months from the date of receipt of the order. The writ petition was disposed of accordingly, with no order as to costs.
Headnote
A) Municipal Law - Unauthorized Construction - Demolition - Tamil Nadu Combined Development and Building Rules, 2019 and CMDA Regulations - The court directed authorities to continue all further actions following due process, including demolition if unauthorized construction is identified, within three months; Held that the right of the fourth respondent to defend is protected after issuance of Stop Work Notice (Paras 2-3).
Issue of Consideration
Whether a writ of mandamus should be issued directing demolition of unauthorized construction allegedly violating Tamil Nadu Combined Development and Building Rules, 2019 and CMDA Regulations.
Final Decision
The writ petition is disposed of. The second and third respondents are directed to continue all further actions by following due process as contemplated under the Act and Rules. If any unauthorised constructions are identified, it is to be demolished by following the procedures. The entire exercise is directed to be completed within a period of three months from the date of receipt of a copy of this order. No costs.
Law Points
- Due process in building regulation enforcement
- Protection of right to defend
- Mandamus for demolition of unauthorized construction
