Madras High Court
Mrs.V.Shanthi vs The Commissioner on 28 June, 2023
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.18649 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.06.2023
Coram:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE P.DHANABAL
Writ Petition No.18649 of 2019
--
Mrs.V.Shanthi .. Petitioner
Vs.
1. The Commissioner,
Directorate of Town and Country Planning,
Sengalvarayan Maligai 4th Floor,
No.807, Anna Salai,
Chennai-600 002.
2. The Assistant Director,
Directorate of Town and Country Planning,
Thiruvannamalai District,
2nd Floor, Opposite to Pariyar Park,
Vellore-632 001.
3. The Commissioner,
Thiruvannamalai Municipal,
Thiruvannamalai,
Thiruvannamalai District.
4. Mr.T.Chandhrakumar .. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to take
action on the illegal construction put-up by the fourth respondent in Door No.6A,
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W.P.No.18649 of 2019
8th Street, Polur Road, Thiruvannamalai, Thiruvannamalai District in a time
bound period as claimed by the petitioner in her representation, dated
19.04.2019.
For petitioner : Mr.K.Mohanamurali
For respondents: Mr.E.Vijay Anand, Addl.G.P. for RR-1 and 2
Mr.P.Srinivas for R-3
No appearance for R-4
ORDER
(The Order of the Court was made by D.Krishnakumar, J) The petitioner has filed the above petition seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to take action on the illegal construction put-up by the fourth respondent in Door No.6A, 8th Street, Polur Road, Thiruvannamalai, Thiruvannamalai District in a time bound period as claimed by the petitioner in her representation, dated 19.04.2019.
2. It is the case of the petitioner that the fourth respondent has unauthorisedly constructed the building without getting any approval from the competent authority. In that regard, the petitioner made the said representation to the respondents 1 to 3. Since all her efforts taken went in vein and since no steps have been taken, the petitioner has come forward with the present Writ Petition for the relief stated supra.
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3. Learned Standing Counsel appearing for the third respondent stated that notice has been served under Section 199, 216(1)(2), 313 and 317 of the Tamil Nadu District Municipalities Act. But no further action has been taken by the Municipality. He further stated that necessary action will be taken under the provisions of the said Act for removal of the unauthorised construction.
4. According to the petitioner, at the time of filing of the present Writ petition, the said construction was only at the basement level and now, the entire building has been constructed and is in occupation by the occupants.
5. None appears for the fourth respondent.
6. Such being the circumstances, the main allegation of the petitioner is that the Municipality has not chosen to take action as against the fourth respondent for the illegal construction made in the building with commercial shops. No counter affidavit is filed by the respondents, despite opportunity having been granted by this Court. Thus, we are of the view that such callous attitude on the part of the respondents, especially the Municipality, is completely in violation of the provisions of the Act and also the dereliction of duty of the Page No.3/7 https://www.mhc.tn.gov.in/judis W.P.No.18649 of 2019 concerned official who has not even dare to take action for the illegal construction and despite that, they are aware that notice has been served on the respondents by this Court. Hence, this Court has taken serious view of the matter and that if the construction of the fourth respondent is unauthorised by constructing the entire building, partly for commercial purpose and partly for residential purpose, and that the Municipality has simply closed their eyes without taking action and that such action of the Municipality is highly deprecated and necessary disciplinary action shall be taken against the official concerned of the third respondent-Municipality and also to pay compensation amount to the concerned affected persons. The Municipality shall issue necessary notice to the fourth respondent and take necessary statutory action and the said exercise shall be completed within 12 weeks from the date of receipt of a copy of this order. If there is any delay on the part of the Municipality, this Court will take serious view of the matter.
7. Further, the Apex Court in the decision reported in 2021 (10) SCC 1 (Supertech Limited VS. Emerald Court Owner Resident Welfare Association) held that the illegal construction has to be dealt with strictly to ensure compliance with the Rule of Law.
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8. Therefore, the attitude of the fourth respondent is highly deprecated.
9. If there is no response for the notice to be issued by the Municipality to the fourth respondent, the Municipality has to take stern action by issuing notice for removal of the unauthorised construction in the place in question.
10. Further, this Court directs the Secretary to Government, Municipal Administration Department, Secretariat, Chennai, to take note of the matter and follow up action be taken to remove the unauthorised construction in the place in dispute in this Writ Petition.
11. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.
(D.K.K., J) (P.D.B., J) 28.06.2023 Speaking Order: Yes/no Neutral Citation: Yes/no cs Registry is directed to issue the order copy to the Secretary, Municipal Administration Department, Secretariat, Chennai-600 009.
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1. The Commissioner, Directorate of Town and Country Planning, Sengalvarayan Maligai 4th Floor, No.807, Anna Salai, Chennai-600 002.
2. The Assistant Director, Directorate of Town and Country Planning, Thiruvannamalai District, 2nd Floor, Opposite to Pariyar Park, Vellore-632 001.
3. The Commissioner, Thiruvannamalai Municipal, Thiruvannamalai, Thiruvannamalai District.
4. The Secretary to Government, Municipal Administration Department, Secretariat, Chennai-600 009.
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