Madras High Court
B.Kirubakaran vs The Director Of Municipal ... on 28 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.24013 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.P.No.24013 of 2024
B.Kirubakaran .. Petitioner
-vs-
1. The Director of Municipal Administration
78, Santhome High Road
Raja Annamalaipuram
Chennai 600 028
2. The Commissioner
Kundrathur Municipality
Kundrathur
Kancheepuram District
3. The Assistant Engineer
TANGEDCO, Kundrathur
Kancheepuram District
4. R.Balakrishnan
5. R.Murugesan .. Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the respondents 1 & 2 to
____________
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W.P.No.24013 of 2024
demolish the illegal and unauthorised construction put up by the
respondents 4 & 5 and disconnect the EB connection given to the said
building constructed in Site Nos.C, D & E, comprised in S.F.Nos.277/19C,
19D & 19E, Kundrathur Village, Kundrathur Taluk, Kancheepuram District
by considering petitioner's representation dated 05.07.2024.
For Petitioner :: Mr.P.Krishnan
For Respondents :: Mr.M.Murali
Government Advocate for R1
Mr.P.Srinivas for R2
No appearance for R3
Mr.B.Manoharan for R4
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents 1 & 2 to demolish the illegal and unauthorised construction put up by the respondents 4 & 5 and disconnect the EB connection given to the said building constructed in Site Nos.C, D & E, comprised in S.F.Nos.277/19C, 19D & 19E, Kundrathur Village, Kundrathur Taluk, Kancheepuram District, by considering the petitioner's representation dated 05.07.2024.
2. The Commissioner, Kundrathur Municipality filed a counter stating ____________ Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 08:04:21 pm ) W.P.No.24013 of 2024 that unauthorized constructions are identified. Paragraphs 4, 6 & 10 of the counter read thus:-
“4. Though a reply dated 26.09.2024 was sent by the said respondents 4 & 5, they have not submitted the Building approval details.
6. In view of the fact that the Building plans have not been submitted, the respondent herein has issued the Notice under Section 56(7) 57 of the TN Town & Country Planning Act for the unauthorized development by notice dated 17.02.2025 giving 30 days time to bring the site to its original condition prior to the development.
10. Further action will be followed up and the procedure under the TN Town & Country Planning Act and the TN Urban Local Bodies Act will be taken to their logical conclusion.”
3. It is brought to to the notice of this Court that enforcement actions have already been initiated and notice was issued to the owners/occupiers.
That being so, the respondents 1 to 3 are directed to continue the enforcement actions by following the procedures as contemplated under the statutes and rules in force. The respondents 4 & 5 are at liberty to submit ____________ Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 08:04:21 pm ) W.P.No.24013 of 2024 their documents and explanation, if any, to the authorities for consideration.
The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition stands disposed of. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.) Neutral citation : yes/no 28.04.2025 ss To
1. The Director of Municipal Administration 78, Santhome High Road Raja Annamalaipuram Chennai 600 028
2. The Commissioner Kundrathur Municipality Kundrathur Kancheepuram District
3. The Assistant Engineer TANGEDCO, Kundrathur Kancheepuram District ____________ Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 08:04:21 pm ) W.P.No.24013 of 2024 S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss W.P.No.24013 of 2024 28.04.2025 ____________ Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 08:04:21 pm )