Petition under Article 226 sought mandatory injunction to stop unauthorized construction. Petitioner's counsel closed the petition upon respondent's submission that demolition occurred and a civil suit is pending, with no orders passed.
Writ petition and connected miscellaneous petition closed. No costs.
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.
W.P.No.26018 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA
W.P.No.26018 of 2023 and W.M.P.No.25440 of 2023
V.Kavitha .....
Petitioner
Vs
3 The Deputy Director District Town And Country Planning, No.13, Varadarajar Street Vedachalam Nagar Chengalpattu District-603 001.
Page 1/6
W.P.No.26018 of 2023
8 E.Soundarajan ......Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 1 to 6 respondents to consider the petitioner's representations dated 12.08.2023 sent to stop unauthorised construction by the 8th respondent on his property measuring to an extent of 4716 sq.ft. comprised in old Grama Natham Survey No.147/16 new S.No.269/1B part, situated at Mamallapuram Firka and Village, Thirukalukundram Taluk, Chengalpattu.
Page 2/6
W.P.No.26018 of 2023
For Petitioner : Mrs.Kanimozhi Mathi
For Respondents : Mr.E.Vijay Anand for R1 to R3 Additional Government Pleader Mr.R.Vignesh Kumar for R4 and R5 Government Advocate Mr.R.Rajesh Vivekananthan for R6 and R7 Deputy Solicitor General of India Mr.K.Samidurai for R8
ORDER
(Order of the Court was made by J.Nisha Banu,J.)
This writ petition has been filed to direct the 1 to 6 respondents to consider the petitioner's representations dated 12.08.2023
to stop unauthorised construction put by the 8th respondent on his property, measuring to an extent of 4716 sq.ft. comprised in old Grama Natham Survey No.147/16 new S.No.269/1B part, situated at Mamallapuram Firka and Village, Thirukalukundram Taluk, Chengalpattu.
counsel appearing for R8 would submit that the 8th respondent had just demolished the building which was in existence from the year 1995 and constructed a compound wall in order to secure his property.
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W.P.No.26018 of 2023
He further submitted that he will construct the building after getting approval from the Competent Authorities. He has also filed a counter affidavit to that effect, wherein, Paragraph No.8 reads as follows:
" 8. I submit that, I am law abiding citizen as stated supra I have demolished the 60 years old building and going to construct by getting proper approval from the competent authorities, but the petitioner have not approached this Court with clean hands. The petitioner fabricated false and fictitious reasons to file this petition to obtain willful advantage and wrongful gain. Even accepting without admitted the right of easmentary, she has to approach the Civil Court and on her instance Civil Suit is pending in O.S.No.194 of 2023 before Addl Sub Court, Chengalpattu, hence invoking of Article 226 of Constitution of India for civil remedy and verge the vengeance is not permissible under law."
learned counsel for R8, this Writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.
(J.N.B,J.) (N.M., J.) Index : Yes / No 22.09.2023 msv
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W.P.No.26018 of 2023
To
Directorate Of Town And Country Planning 2nd , 3rd and 4th Floor, C and E Market Road Koymabedu Chennai-107.
Page 5/6
W.P.No.26018 of 2023
J. NISHA BANU, J. and N.MALA,J.
msv
W.P.No. 26018 of 2023 and W.M.P.No.25440 of 2023
22.09.2023
Page 6/6
1 issue framed by the court
Whether the High Court should issue a Writ of Mandamus directing authorities to stop unauthorized construction.
1 provisions across 1 enactments
V.Kavitha
Secretary to Government Housing and Urban Development Department
Director, Directorate Of Town And Country Planning
Deputy Director District Town And Country Planning
Executive Officer Mamallapuram Town Panchayat
President Mamallapuram Town Panchayat
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
