Case Note & Summary
The matter arose from a writ petition filed by the petitioners, who are neighbours to the property in question, seeking a writ of mandamus directing the Greater Chennai Corporation and its officials (respondents 1 to 4) to lock, seal, and demolish unauthorised constructions put up by respondents 5 and 6 at Door Nos. 137/2 and 3, Royapettah High Road, Mylapore, Chennai. The petitioners alleged that the unauthorised construction posed a danger to the neighbourhood and caused inconvenience. They had made complaints to the authorities, but no action was taken, prompting the filing of the writ petition. The relief sought was based on a de-occupation notice dated 02.02.2024 issued by the Corporation. In response to the petition, the court directed the authorities to conduct a field inspection and submit a report. The Assistant Engineer, Zone-9, inspected the site and submitted a report confirming that the deviations had not been rectified despite opportunities given by the Corporation. Consequently, the authorities locked and sealed the premises on 13.03.2025. At the hearing, the Corporation informed the court of this action. The court observed that since the respondent authorities had already locked and sealed the unauthorised structures, the writ petition did not survive for the relief of locking and sealing. However, the court noted that if the petitioners still had any grievances, they could approach the authorities for further appropriate action, which the authorities were to consider and act upon in accordance with law. The court disposed of the writ petition without costs and closed the connected miscellaneous petition.
Headnote
A) Constitutional Law - Writ of Mandamus - Maintainability - Constitution of India, 1950, Article 226 - The petitioners sought a writ of mandamus to compel municipal authorities to lock, seal, and demolish unauthorised constructions. During pendency, the authorities conducted inspection and locked and sealed the premises, finding that opportunities to rectify deviations were not availed. Held, the writ petition does not survive as the relief sought has already been partially granted; if the petitioners still have grievances, they may approach the authorities for further action in accordance with law (Paras 1-4).
Issue of Consideration
Whether a writ of mandamus directing locking, sealing, and demolition of unauthorised structures can be issued when the respondent authorities have already carried out locking and sealing
Final Decision
The writ petition is disposed of as the authorities have already locked and sealed the premises. If the petitioners still have grievances, they can approach the authority for further action. No costs. Connected miscellaneous petition closed.
Law Points
- Writ of mandamus does not survive when the relief sought has already been granted
- Aggrieved party can approach authority for further action in accordance with law
