Madras High Court
M.Edwin Michael vs The Principal Secretary To Government on 29 January, 2019
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, P.D.Audikesavalu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.01.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
WP(MD)No.587 of 2019
and
WMP(MD)Nos.504 and 505 of 2019
M.Edwin Michael .. Petitioner
Vs.
1.The Principal Secretary to Government,
Municipal Administration and Water
Supply Department,
Fort St. George,
Chennai – 600 009.
2.The Municipal Commissioner,
Nagercoil Municipality,
Nagercoil,
Kanyakumari District – 629 001. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India to issue a writ of Declaration declaring that the
Impugned Notice in Na.Ka.No.14828/2018/F2 dated 08.12.2018
issued by the 2nd respondent under Section 56 and 57of the Tamil
Nadu Town and Country Planning Act, 1971 is unauthorised and
ultra vires Sections 2 (3) 56 57 & 120 of the Tamil Nadu Town and
Country Planning Act 1971.
http://www.judis.nic.in
2
For Petitioner : Mr.Mubarak Ahamed
For R1 : Mr.N.Shanmugaselvam
Additional Government Pleader
For R2 : Mr.P.Athimoolapandian
ORDER
[Order of the Court was made by K.K.SASIDHARAN, J.] The challenge in this writ petition is to the notice dated 08.12.2018 issued by the second respondent invoking the provisions under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, taking into account the unauthorised construction put up by the petitioner.
2.The petitioner obtained planning permission for construction of ground and first floor having a total area of 442.22 square feet. However, in violation of the sanctioned plan, the petitioner constructed ground, first and second floor, with a total area of 1016.82 square feet. The violation is stated to be 100%. There is 100% set-back violation also. The Local Planning Authority, therefore, took enforcement action against the petitioner.
3.The petitioner has no case that he is armed with a planning permit for construction of the ground, first and second http://www.judis.nic.in 3 floor. The sanctioned permit shows only ground and first floor and that too to a total area of 442.22 square feel. The Local Planning Authority, was therefore, perfectly justified in initiating the enforcement action against the petitioner.
4.We do not find any reason to entertain the writ petition at the instance of a builder who has no regard to the law of the land.
5.The learned counsel for the petitioner submitted that the petitioner himself would demolish the offending constructions. We make it clear that this order would not stand in the way of the petitioner in making an application before the Local Planning Authority with a demolition plan. In case, any such application is given, the Local Planning Authority shall permit the petitioner to demolish the illegal construction put up by him with appropriate conditions. However, it should be ensured that the building is not put into use till the construction conforms to the Building Laws. http://www.judis.nic.in 4 K.K.SASIDHARAN, J.
and P.D.AUDIKESAVALU, J.
mj
6.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)Nos.504 and 505 of 2019 are closed.
[K.K.SASIDHARAN, J.] [P.D.AUDIKESAVALU, J.] 29.01.2019 Index : Yes/No Internet : Yes/No mj To The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 600 009.
W.P.(MD)No.587 of 2019 http://www.judis.nic.in