Petitioner filed a writ seeking demolition of illegal construction by forth respondent. Court dismissed the petition, noting an existing order of status quo in a related writ petition (WP No.12054/2018) and stating that the subject matter belongs to a third party.
No direction for demolition granted; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.7683 of 2018
S.Varalakshmi @ Shobana ...Petitioner
-vs-
(R5 impleaded as per order dated 8.6.2018 in WMP.No.12321/2018 in W.P.No.7683/2018)
Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the illegal constructions put up by the 4th respondent in Survey No.23/1A1 measuring to an extent of 29 cents situated at Puthur Village, Chenglepet Taluk in violation of the CMDA and Municipality Rules and take action against the 4th respondent for the illegal construction.
For Petitioner : Mr.D.Saikumaran
For Respondents : Mr.K.V.Sajeev Kumar, 1 and 2 Spl.Govt.Pleader
For 3rd Respondent : Mrs.P.Veena Suresh For 4th respondent : M/s.Adeeb Mohammed For 5th respondent : Mr.A.E.Ravichandran
ORDER
(Order of the Court was made by T.RAJA, J.)
This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the illegal constructions put up by the 4th respondent in Survey No.23/1A1 measuring to an extent of 29 cents situated at Puthur Village, Chenglepet Taluk in violation of the CMDA and Municipality Rules.
2.The claim of the petitioner is that the 4th respondent has purchased the property adjacent to the petitioner's property at Survey No.23/1A1 measuring to an extent of 29 cents in Puthur Village, Chenglepet Taluk. Since the 4th respondent has without obeying the order passed by this Court in W.P.No.22187/2017 dated 21.08.2017 proceeded with the illegal construction, several representations and reminders dated 03.10.2017, 10.11.2017, 11.01.2018, 23.02.2018 were sent to the respondents 1 to 3 to take action against the 4th respondent as per the order passed by this Court cited above. But, no action is forthcoming. However, the 4th respondent has completed the entire construction and now the painting work is going on. Therefore, the petitioner has been advised to approach this Court by filing the present Writ Petition.
3.Learned Special Government Pleader appearing for the respondents 1 and 2 has placed before us three factors, namely, firstly the land covered in Survey No.23/1A1 measuring to an extent of 29 cents in Puthur Village, Chenglepet Taluk, on record, found to be belonged to one Sasikala. Secondly, in respect of the subject property, the order dated 09.05.2018 passed in W.P.No.12054/2018 filed by one R.Kumar for issuance of Mandamus seeking a direction directing the respondents therein not to take any coercive action pursuant to the locking and sealing and demolition notice in Letter No.1500/2017/B1 dated 20.4.2018 issued by the Special Officer, Nedukunram Panchayat/The Block Development Officer, Kattankulathur
Panchayat Union, Kattankulathur, Kancheepuram District, while disposing of the said writ petition, this Court has granted an order of status quo to be maintained by the parties till the disposal of the appeal filed by Mr.R.Kumar, the petitioner therein. Thirdly, till the disposal of the appeal filed by the 4th respondent before the District Collector under Section 80-A of the Tamil Nadu Town and Country Planning Act is disposed of, the prayer made by the petitioner cannot be entertained.
4.We fully agree with the submissions made by the learned Special Government Pleader appearing for the respondents 1 and 2 that in respect of the subject property, this Court has passed an order of status-quo to be maintained in the W.P.No.12054/2018 dated 09.05.2018 till the disposal of the appeal filed by the 4th respondent therein, therefore, we are unable to entertain the present Writ Petition.
5.At this stage, the learned Counsel for the petitioner requested us to give a direction to dispose of the said appeal.
6.We do not know whether the said appeal is pending or disposed of. Since the land-in-question as per the revenue records belongs to Sasikala from whom the 4th respondent has purchased, it is for the parties to work out their remedy as per law.
7.With the above observation, the Writ Petition is dismissed. No costs.
Sd/Deputy Registrar(CS)
//True Copy//
Sub Assistant Registrar
tsi
To
CMDA, No.1, Gandhi Erwin Road, Egmore, Chennai-8.
W.P.No.7683 of 2018
SPD(CO)
RGA(25/04/2022)
2 issues framed by the court
Whether the writ petition seeking direction for demolition of illegal construction can be entertained when a stay order regarding the property exists in a related writ petition.
Whether the petitioners can claim title to the property based on adverse possession or purchase since the revenue records show the land belongs to a third party.
2 provisions across 2 enactments
S.Varalakshmi @ Shobana
The District Collector, Kanchipuram Collectorate, Kanchipuram District
The Block Development Officer, Kattangolathur Panchayat Union Office, Kattangolathur
The Member-Secretary, CMDA, No.1, Gandhi Erwin Road, Egmore, Chennai-8
M/s.Monni Builders
J.P.Sathyanarayanan
T. Raja
S. Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
