C.Kumar Vs the Director of Medical Education and Research — Madras HC (2025) — LawSathi Research

C.Kumar Vs the Director of Medical Education and Research — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of: Greater Chennai Corporation authorities directed to continue the enforcement action and conclude it by removing the unauthorized construction at Door No. 39 within eight (8) weeks from receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether respondents 1 to 5 should demolish the unauthorized building bearing Door No. 39, Kannagi Street, Perunthalaivar Kamarajar Nagar, Perungudi, Chennai 600096, constructed by the sixth respondent without building plan approval, pursuant to the petitioner's representations dated 31.05.2024 and 08.07.2024. +1 more

Court's answer

The Corporation authorities having found the building wholly unauthorized and without any building plan approval are empowered to continue the enforcement action already initiated.

Ratio / Principle

The decision of the Government regarding the (disputed) land is unconnected with the unauthorized building constructed by the sixth respondent without any building plan approval.

Key takeaways

Since the Lock and Seal Notice has already been issued, the Corporation authorities are directed to continue the enforcement action and conclude it by removing the unauthorized construction within eight (8) weeks from receipt of a copy of the order.ratio¶65

Detailed headnote1 paragraphs

High Court of Judicature at Madras (order made by S.M. Subramaniam J.; K. Rajasekar J. on the Bench) disposed of a writ petition seeking mandamus to direct respondents 1 to 5 to demolish an unauthorized building bearing Door No. 39, Kannagi Street, Perunthalaivar Kamarajar Nagar, Perungudi, Chennai 600096, constructed by the sixth respondent, and to retrieve the land and building from him. On the Corporation's Status Report, the Court noted that a Stop Work Notice / notice calling for approved plan dated 26.03.2025 had been issued under Section 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971, and a Lock and Seal Notice dated 22.04.2025 thereafter. Holding that the Government's pending decision on recovery of the Director of Medical Education's land was unconnected with the unauthorized construction raised without building plan approval, and that the Corporation authorities were empowered to continue the enforcement action, the Court directed them to conclude removal of the unauthorized construction within eight (8) weeks; no order as to costs.

WP No. 21207 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAM AND

THE HONOURABLE MR. JUSTICE K. RAJASEKAR

WP No.21207 of 2024

C.Kumar S/o.Chokkalingam, Residing At I Block, Door No.4, Rohini Gardens, R.A.Puram, Chennai 600028.

Petitioner(s)

Vs

The Director of Medical Education And Research Kilpauk, Chennai 600010.

2.The District Collector Chennai District, Rajaji Salai, Chennai 600001,

3.The District Collector Kancheepuram, Kancheepuram District 631501.

4.Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1

1/7

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

WP No. 21207 of 2024

Gandhi Irwin Road, Egmore, Chennai 600008.

5.The Executive Engineer Zone 14 Chennai Corporation, No.6/64 Puzhuthivakkam Main Road, Puzhuthivakkam, Chennai 600091 (Near Kumaran Theatre)

6.Mr.Rajaboopathy Pandian Residing At J Block, Door No.1, Rohini Gardens, R.A.Puram Chennai 600028.

Respondent(s)

PRAYER

Directing the 1st to 5th respondents to demolish the building bearing Door No. 39 Kannagi Street Perunthalaivar Kamarajar Nagar, Perungudi, Chennai 600096 for unauthorised construction and retrieve the land and building from the 6th respondent based on the representation given by the petitioner dated 31.05.2024 followed by further representation dated 08.07.2024.

For Petitioner(s): Ms.Dharani For Mr.K.Raja For Respondent(s): Mr.M.Bindran, Additional Government Pleader For R1 Mr.E.Veda Bagath Singh, Special Government Pleader For RR2 & 3 Mr.R.Tamarai Selvan, Standing Counsel For CMDA

2/7

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

WP No. 21207 of 2024

For R4 Mr.D.B.R.Prabhu, Standing Counsel for GCC For R5

ORDER

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

The writ of mandamus has been instituted to direct the respondents 1 to 5

to demolish the unauthorized building bearing Door No. 39 Kannagi Street

Perunthalaivar Kamarajar Nagar, Perungudi, Chennai 600096 for unauthorised construction and retrieve the land and building from the 6th respondent based

on the representation given by the petitioner dated 31.05.2024 followed by

further representation dated 08.07.2024.

With reference to the allegations regarding removal of unauthorized

constructions, the Executive Engineer, Zonal Office-XIV, Greater Chennai

Corporation filed a Status Report. The relevant paragraphs of status report reads

as under:

“8.I respectfully submit that immediately after inspecting the site in question action has been taken by issuing a Stop Work Notice/Notice calling for approved plan dated 26.03.2025 under

3/7

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

WP No. 21207 of 2024

Section 56(1) and 57 read with Section 85 of Tamil Nadu Town and Country Planning Act, 1971 has been pasted in the front of the building to the petitioners.

9.I respectfully submit that further action against the unauthorised construction building at Door No.39, Kannagi Street, Peruntalaivar Kamarajar Nagar, Perungudi, Chennai – 600 096 will be taken as per the provision of Tamil Nadu Town and Country Planning Act, 1971.”

The learned Standing Counsel for Greater Chennai Corporation would

submit that after identifying the unauthorized building, Lock and Seal Notice was issued on 22.04.2025.

The learned counsel appearing on behalf of the sixth respondent would

submit that the land belongs to the Director of Technical Education and

Research. Therefore, the land itself belongs to the Government which is encroached upon.

The learned Government Pleader appearing on behalf of the first

respondent would submit that regarding recovery of possession of land belongs

to the Director of Medical Education, the matter is pending before the

Government.

4/7

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

WP No. 21207 of 2024

In any event, the decision of the Government regarding the land is

unconnected with the unauthorized building constructed by the sixth respondent

without any building plan approval. The Corporation authorities since found the

building is wholly unauthorized and there is no building plan approval, they are

empowered to continue the enforcement action already initiated.

Since Lock and Seal Notice has already been issued, the Corporation

authorities are directed to continue the enforcement action and conclude the

same by removing the unauthorized construction within a period of eight (8)

weeks from the date of receipt of a copy of this order.

The Writ Petition stands disposed of accordingly. There shall be no

order as to costs.

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 25-04-2025

ssi

Index:Yes/No

Speaking/Non-speaking order

Neutral Citation:Yes/No

5/7

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

WP No. 21207 of 2024

To

1.The Director Of Medical Education And Research Kilpauk, Chennai 600010.

2.The District Collector, Chennai District, Rajaji Salai, Chennai 600001,

3.The District Collector Kancheepuram, Kancheepuram District 631501.

4.Chennai Metropolitan Development Authority Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore, Chennai 600008.

5.The Executive Engineer Zone 14 Chennai Corporation, No.6/64 Puzhuthivakkam Main Road, Puzhuthivakkam, Chennai 600091 (near Kumaran Theatre)

6.Mr.Rajaboopathy Pandian Residing At J Block, Door No.1, Rohini Gardens, R.A.Puram Chennai 600028.

6/7

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

WP No. 21207 of 2024

S.M.SUBRAMANIAM J. AND

K.RAJASEKAR J.

ssi

WP No. 21207 of 2024

25-04-2025

7/7

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