Disposed¶28

Sir Venkatachala Flat Owners Association v. Chennai Metropolitan Development

Madras HC21 Apr 2025WP/19692/2024

Case brief

AI extract

What is this about?

Madras High Court WP No. 19692 of 2024 (decided 21-04-2025); bench S.M. Subramaniam J. and K. Rajasekar J.; Sir Venkatachala Flat Owners Association v. CMDA, Corporation of Chennai and Pelita Nasi Kandar International (P) Ltd; unauthorised construction on front setback area, Appaswamy Towers, T.Nagar; duty of planning authorities to inspect and act on complaints; mandamus to CMDA; 12-week timeline; writ petition disposed of, no costs.

What did the court decide?

Writ Petition disposed of with a direction to the 1st respondent (CMDA) to inspect the subject property, verify the petitioner's allegations, and initiate appropriate action if unauthorised construction/deviation is identified, completing the exercise within 12 weeks; no costs awarded. ¶28

Sir Venkatachala Flat Owners Association Vs Chennai Metropolitan Development — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 1st and 2nd respondents (CMDA and Corporation of Chennai) should be directed to initiate action against the alleged unauthorised construction put up by the 3rd respondent on the front setback area of the 'A' block at No.27, Appaswamy Towers, Sir Thiyagaraya Road, T.Nagar, Chennai.

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Court's answer

On receipt of any complaint regarding unauthorised construction/deviation, the competent authorities are bound to conduct inspection/survey, identify the violations and unauthorised construction, and thereafter initiate appropriate actions by following the procedures contemplated under the Act and Rules.

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Ratio / Principle

The 1st respondent (CMDA) is directed to conduct an inspection of the subject property, verify the correctness of the petitioner's allegations in the complaint, and thereafter initiate all appropriate actions if any unauthorised construction/deviation is identified, following the procedures contemplated under law; the exercise is to be completed within 12 weeks from receipt of a copy of the order.

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Detailed headnote1 paragraphs

Municipal/planning enforcement - unauthorised construction: A flat owners' association complained to the Chennai Metropolitan Development Authority and the Corporation of Chennai regarding unauthorised construction allegedly put up by a third party on the front setback area of the 'A' block at Appaswamy Towers, Sir Thiyagaraya Road, T.Nagar, Chennai. As the authorities failed to act, the association sought a writ direction. The Madras High Court observed that on receipt of any complaint regarding unauthorised construction/deviation, the competent authorities are bound to conduct inspection/survey, identify violations, and initiate appropriate action per the procedures under the applicable Act and Rules. The Court disposed of the writ petition by directing the CMDA to inspect the subject property, verify the allegations, and initiate all appropriate actions if violations are found, completing the exercise within 12 weeks of receipt of the order. No costs.

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WP No. 19692 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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WP No. 19692 of 2024

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Sir Venkatachala Flat Owners Association Rep By Its Joint Secretary, No.27, Sir Thiyagaraya Road, T.Nagar, Chennai-600 017

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Petitioner(s)

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Chennai Metropolitan Development Rep By Its Member Secretary, Thalamuthu Natraja Maligai, Gandhi Irwin Road, Egmore, Chennai-600 008

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2.Corporation Of Chennai Rep By Commissioner Of Corporation, Rippon Building, Chennai

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3.Pelita Nasi Kandar International (P) Ltd Rep By Its Authorised Person, Appaswamy Towers, No.17 And 18 Sir Thiyagaraya Road, T.Nagar, Chennai-600 016

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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WP No. 19692 of 2024

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PRAYER

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Directing the 1st and 2nd respondents to initiate appropriate action against the unauthorised construction put up by the 3rd respondent on the front setback area of the 'A' block situated in No.27, Appaswamy Towers, Sir Thiyagaraya Road, Pondybazar, T.Nagar, Chennai-600 015 by removing the same within a time frame.

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For Petitioner(s): Mr.S.Sai Shankar

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For Respondent(s): Mr. R. Thamarai Selvan Sc For R1 Mrs. S. Vanitha Joice Rani For R2 No appearance for R3

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ORDER

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(Order of the Court was made by S.M.Subramaniam J.)

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The Writ Petition on hand has been instituted to direct the 1st and 2nd respondents to initiate appropriate action against the unauthorised construction put up by the 3rd respondent on the front setback area of the 'A' block situated in No.27, Appaswamy Towers, Sir Thiyagaraya Road, Pondybazar, T.Nagar, Chennai-600 015 by removing the same.

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The petitioner is Flat Owners' Association. Several building plan violations are set out in the affidavit filed in support of the Writ petition. Since unauthorised constructions are made, complaint has been given by the petitioner for initiation of action under the relevant provisions of law. The respondents 1 and 2 have failed to initiate action, which resulted in filing of the present Writ Petition.

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https://www.mhc.tn.gov.in/judis

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WP No. 19692 of 2024

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It is needless to state that on receipt of any such complaint regarding unauthorised construction/deviation, the authorities competent are bound to conduct inspection/survey and identify the violations, unauthorised construction etc., and thereafter, initiate appropriate actions by following procedures as contemplated under the Act and Rules.

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In the present case, the 1st respondent/CMDA has to initiate appropriate action. Thus, the 1st respondent is directed to conduct inspection in the subject property and verify the correctness of the allegations made by the petitioner in the complaint and thereafter, initiate all appropriate actions, if any, unauthorised construction/deviation are identified, by following the procedures as contemplated under law. The said exercise is directed to be completed within a period of 12 weeks from the date of receipt of a copy of this order.

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