Dismissed¶48

N.Mohanadeepa v. the Secretary to Government

Madras HC10 Feb 2025WP/25467/2024

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.25467 of 2024, decided 10.02.2025 (S.M. Subramaniam & K. Rajasekar, JJ.). Unauthorized construction; lock and seal notice; de-occupation notice; demolition direction within 12 weeks; Section 80-A revision rejected by Government letter dated 29.04.2024; Sections 56, 57, 85 Tamil Nadu Town and Country Planning Act 1971; Greater Chennai Corporation Zone 13 Adyar; certiorarified mandamus refused; writ dismissed.

What did the court decide?

None to the petitioner; writ petition dismissed with no costs, connected miscellaneous petitions closed, and respondents 1 to 7 directed to proceed with further actions and demolish the unauthorised building within twelve weeks. ¶48

N.Mohanadeepa Vs the Secretary to Government — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Government letter dated 29.04.2024 rejecting the Section 80-A revision petition and the consequential Lock and Seal and De-occupation notice dated 21.06.2024 issued by the 7th respondent are liable to be quashed by writ of certiorarified mandamus.

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Court's answer

Both the Corporation Authorities and the Government, during the hearing of the revision petition under Section 80-A, found that the building constructed by the petitioner is wholly unauthorised.

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Ratio / Principle

The court found no reason to interfere with the impugned order.

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Key takeaways

Respondents 1 to 7 are directed to proceed with all further actions and to demolish the unauthorised building within twelve (12) weeks from receipt of a copy of the order.ratio¶44

Detailed headnote1 paragraphs

Writ petition under Article 226 seeking certiorarified mandamus to quash the Government letter dated 29.04.2024 (rejecting the petitioner-vendor's revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971) and the Lock and Seal and De-occupation notice dated 21.06.2024 issued by the Assistant Engineer, Greater Chennai Corporation, dismissed. The Division Bench (S.M. Subramaniam and K. Rajasekar, JJ.; order by S.M. Subramaniam, J.) noted the complaint by the 9th respondent, the inspection of 16.11.2020, notices dated 19.11.2020, 05.02.2021 and 30.07.2021 under Sections 56, 57 and 85 of the Act, and the concurrent findings of the Corporation and the Government that the ground floor plus two floor building was wholly unauthorised. Finding no reason to interfere, the Court directed respondents 1 to 7 to proceed with all further actions and demolish the unauthorised building within twelve (12) weeks. No costs; connected miscellaneous petitions closed.

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W.P.No.25467 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND

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THE HONOURABLE MR. JUSTICE K.RAJASEKAR

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W.P.No.25467 of 2024 and

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W.M.P.Nos.27830 & 27831 of 2024

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N.Mohana Deepa, D/o.P.Natarajan

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... Petitioner

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Vs.

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The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

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The Additional Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

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The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

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The Additional Chief Secretary/The Commissioner, The Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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Page 1 of 8

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

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W.P.No.25467 of 2024

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The Zonal Officer, ZONE 13, Divison - 175, The Greater Chennai Corporation, Adyar, Chennai - 600 020.

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The Executive Engineer, ZONE 13, Division - 175, The Greater Chennai Corporation, Adyar, Chennai - 600 020.

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The Assistant Engineer, Region - 173, Division - 40, ZONE 13, The Greater Chennai Corporation, Adyar, Chennai - 600 020.

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K.Charles Vijayaraj S/o. Krishnamurthy

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D.Palaneeswari, W/o. Dhakshanamurthy ... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India, seeking for an issuance of writ of certiorarified mandamus, calling for the records relating to the order of the 7th respondent issued letter Ma.A.13.Na.Ka.No.C/Special (Sirappu)/2024 dated 21.06.2024, as per the order passed in Letter No.6226/UD-VII(i)/2021-3, dated 29.04.2024 and to quash the same and consequently direct the respondents as illegal in pursuance to the Lock and Seal of the Property at No.26/11A, Govindarajapuram, 1st Street, Adyar, Chennai - 600 020.

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

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Page 2 of 8

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W.P.No.25467 of 2024

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F or Petitioner : Ms.Subhashree.G for Mr.Nagendraprasath For Respondents : Mr.T.Chandrasekaran Special Government Pleader [For R1 & R2] : Mr.R.Thamaraisalvan Standing Counsel [For R3] : Mr.P.T.Ramadevi Standing Counsel [For R4 to R7]

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O R D E R

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

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The letter dated 29.04.2024 issued by the Government and the subsequent Lock and Seal and De-occupation notice dated 21.06.2024 issued by the 7th respondent are sought to be assailed in the present writ petition.

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The petitioner states that she is the absolute owner of the building and land to an extent of 759 square feet comprised in Town Survey No.31, Block No.38, (Old Survey No.19/2), bearing Door No.26/11A, 1st street, Govindarajapuram, Adyar, Chennai - 600 020.

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Page 3 of 8

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

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W.P.No.25467 of 2024

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The respondent/Greater Chennai Corporation received a

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complaint from one Tmt.Palaneeswari/9th respondent, stating that the petitioner constructed unauthorized building without obtaining Building Plan Permission from the competent Authority under the relevant Rules. Pursuant to the complaint, an inspection was conducted by the Assistant Executive Engineer, Unit - 40, Zone - XIII and the Assistant Engineer, Division - 175, Unit 40, Zone - XIII, Greater Chennai Corporation on 16.11.2020. The Authorities found that the petitioner put up construction unauthorisedly and issued a notice calling for approved plan dated 19.11.2020, under Section 56(1) and 57 r/w Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as 'the Act')

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The entire building has been found unauthorised and further action had been taken by issuing Lock and Seal notice dated 05.02.2021 under Sections 56 & 57 r/w Section 85 of the Act. De-occupation notice was issued subsequently, on 30.07.2021 under Section 56 (2) (A) and 57 r/w Section 85 of the Act.

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Page 4 of 8

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

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W.P.No.25467 of 2024

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The petitioner's vendor preferred revision petition under Section

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80-A before the Government. In pursuance to the orders passed in W.P.No.2913 of 2021, the Government rejected the revision petition vide letter dated 29.04.2024. The Government Letter states that the opportunity for personal hearing was held on 02.04.2024. It was found that the ground floor + two floor buildings is unauthorised and put up certain construction on the objectors land. Therefore, the Government rejected the revision petition filed under Section 80-A of the Act. It was declared that the building is wholly unauthorized and further actions are initiated. Both the Corporation Authorities and the Government during the course of hearing of revision petition under Section 80-A found that the building constructed is wholly unauthorised.

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Therefore, we do not find any reason to interfere with the order impugned. The respondents 1 to 7 are directed to proceed with all further actions and to demolish the unauthorised building within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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Page 5 of 8

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

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W.P.No.25467 of 2024

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With the above directions, the Writ Petition stands dismissed . No

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costs. Consequently, connected miscellaneous petitions are closed.

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[S.M.S,J.] [K.R.S,J.]