Case Note & Summary
The writ petition was filed by S. Ganapathi before the High Court of Judicature at Madras seeking a direction to the official respondents to take appropriate action against an illegal or unauthorized structure constructed by the sixth respondent, N.D.R. Ware Housing Private Limited, on lands comprised in various survey numbers in Vengal “A” Village, Ellapuram Block, Tiruvallur Taluk and District. The relief was sought under the provisions of the Tamil Nadu Town and Country Planning Act and the Rules made thereunder and the Tamil Nadu Panchayat Building Rules. During the pendency of the petition, the authorities conducted an inspection and issued a notice on 08.10.2024 to discontinue the ongoing unauthorized construction. The learned Additional Advocate General submitted that the notice had been issued, and the authorities were taking steps. The counsel for the private respondents (sixth and seventh respondents) stated that they would submit documents in response to the notice. The court noted that the procedures contemplated under the Town and Country Planning Act and Rules are required to be followed by the authorities while continuing action against unauthorized construction or deviation. Since a notice had already been issued, the court directed respondents 1 to 4 to continue all further processes by following the due procedures. It further directed that in the event of identifying any unauthorized constructions or deviations, they must be demolished. The court ordered the entire exercise to be completed as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of the order. The writ petition was disposed of with these directions and no costs were awarded.
Headnote
A) Administrative Law - Mandamus - Enforcement of Building Regulations - Tamil Nadu Town and Country Planning Act, 1971 and rules, Tamil Nadu Panchayat Building Rules - Petitioner filed writ petition seeking direction to authorities to take action against illegal construction by 6th respondent in certain survey numbers. The court noted that a discontinuation notice was already issued on 08.10.2024. It directed authorities to follow due procedure under the said Acts and rules, and to complete the process including demolition within three months. Held that authorities must comply with statutory procedures while enforcing building norms and demolishing unauthorized constructions. (Paras 2-5).
Issue of Consideration
Whether a writ of mandamus should be issued to direct the authorities to take action against the unauthorized construction under the provisions of the Tamil Nadu Town and Country Planning Act and the Rules made thereunder and the Tamil Nadu Panchayat Building Rules.
Final Decision
The writ petition is disposed of with a direction to respondents 1 to 4 to continue all further processes by following due procedures under the Town and Country Planning Act and Rules. If any unauthorised constructions or deviations are identified, they must be demolished. The entire exercise is to be completed within three months from the date of receipt of a copy of the order. No costs.
Law Points
- Authorities must follow due procedure under Town and Country Planning Act and Rules while taking action against unauthorized construction
- if any unauthorized construction or deviation is identified
- it must be demolished.
Case Details
2025 LawText (MAD) (03) 162
S. M. Subramaniam, K. Rajasekar
S. Thirumavalavan, P. Muthukumar, S. John J. Raja Singh, C. Selvaraj, K. Alakendran, N.R. Anantha Rama Krishnan
The District Collector, Thiruvallur District; The Deputy Director, District Town And Country Planning; The Tahsildar, Thiruvallur Taluk; The Block Development Officer (Village Panchayat), Ellapuram; The President / Executive Authority, Vengal Village Panchayat; N.D.R. Ware Housing Private Limited; M/s. Reliance Projects And Property Management Services Ltd.
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Nature of Litigation
Writ petition seeking mandamus to direct authorities to take action against unauthorised construction.
Remedy Sought
Petitioner sought direction to respondents 1 to 5 to take appropriate action on the illegal/unauthorised structure constructed by the 6th respondent on specified survey lands in accordance with the Tamil Nadu Town and Country Planning Act and Rules and Tamil Nadu Panchayat Building Rules.
Filing Reason
Allegation that the 6th respondent constructed an unauthorised structure on the lands without following the statutory requirements.
Previous Decisions
A notice to discontinue the unauthorised construction was issued by the authorities on 08.10.2024; no prior judicial order is mentioned.
Issues
Whether a writ of mandamus should be issued to direct the authorities to take action against the unauthorised construction under the Tamil Nadu Town and Country Planning Act and Rules.
Submissions/Arguments
Petitioner contended that the 6th respondent had constructed an illegal/unauthorised structure and sought court direction for enforcement action by the authorities.
Respondents 1 to 4 submitted that based on inspection, a notice to discontinue the ongoing unauthorised construction was issued on 08.10.2024.
Respondents 6 and 7 stated that they would submit their documents in response to the notice issued by the Assistant Director, District Town and Country Planning.
Ratio Decidendi
Authorities must adhere to the procedures contemplated under the Town and Country Planning Act and Rules while taking action against unauthorised construction. Upon identification of unauthorised constructions or deviations, demolition is mandatory. A writ court can direct the authorities to complete the enforcement process within a specified timeframe.
Judgment Excerpts
It is needless to state that the procedures as contemplated under the Town and Country Planning Act and Rules framed thereunder are to be followed by the authorities, while continuing the action against the unauthorised construction or deviation, if any identified.
Since notice has already been issued... the respondents 1 to 4 are directed to continue all further process by following the due procedures. In the event of identifying any unauthorised constructions/deviations, they must be demolished. The said exercise is directed to be completed as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.
Procedural History
The petitioner filed WP No. 23842 of 2024 before the High Court of Judicature at Madras. During the pendency, the authorities inspected the site and issued a notice to discontinue the unauthorised construction on 08.10.2024. After hearing the submissions of all parties, the court disposed of the petition on 06.03.2025 with directions for enforcement action.
Acts & Sections
- Tamil Nadu Town and Country Planning Act, 1971:
- Tamil Nadu Panchayat Building Rules:
