R.Nagarajan Vs the Commissioner

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to cancel the approval granted in (SD/WDCN08/00748/2024) Dated 19.10.2024, as mentioned

¶18

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

¶19

1/6

¶20

W.P.No.2955 of 2025

¶21

in page No.20 Sale Deed No.5804 of 2024, dated 30.10.2024 thereby take punitive action against the 3^rd respondent for misrepresentation and fraud.

¶22

For Petitioner : Mr.T.SriKrishna Bhagavat For RR1 & 2 : Mrs.Aswinin Devi.K Standing Counsel For R3 : Ms.B.Kavya

¶23

ORDER

¶24

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

¶25

The writ of mandamus has been instituted to direct the first respondent to cancel the approval granted in (SD/WDCN08/00748/2024) Dated 19.10.2024, as mentioned in page No.20 Sale Deed No.5804 of 2024, dated 30.10.2024 thereby take punitive action against the 3^rd respondent for misrepresentation and fraud.

¶26

The learned counsel for the petitioner would submit that he purchased the subject property and the third respondent is causing obstruction and attempting to sell the common pathway. Therefore, the petitioner submitted an application for cancellation of approval. The petitioner states that by committing fraud, the approval has been obtained.

¶27

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

¶28

2/6

¶29

W.P.No.2955 of 2025

¶30

The learned counsel for the third respondent would oppose by stating that the petitioner is having pathway on the other side. The dispute relates to private pathway and a civil suit in O.S.No.487 of 2025 is pending on the file of the learned 23^rd Assistant City Civil Court, Chennai.

¶31

All such disputes of civil nature are to be adjudicated before the competent civil Court. This Court decide the disputed issues between the parties. However, the approval is to be granted by the competent authority in accordance with law. The competent authority of the Greater Chennai Corporation has to conduct inspection. If any such dispute exists, then, the approval granted are also to be verified. In the event of any violation, unauthorized constructions, deviations, etc., then, actions are to be initiated by following the procedures.

¶32

Rule 13 of the Tamil Nadu Combined Development and Building Rules, 2019 stipulates that “The planning permission or building permit if secured by any person by any misrepresentation or by production of false documents, such planning permission or building permit will be cancelled after issuing a show cause notice.”

¶33

In the event of any complaint relating to fraudulent or bogus building

¶34

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

¶35

3/6

¶36

W.P.No.2955 of 2025

¶37

plan permission, the authorities have to conduct an inquiry by affording opportunity to the parties and all further actions ought to be initiated to cancel the building plan permission, if it is established that the permission is bogus or fraudulent.

¶38

In view of the facts and circumstances, the 2^nd respondent is directed to conduct field inspection and inquiry, in order to verify the correctness and genuinity of the building plan approval granted to the 3^rd respondent and initiate all appropriate further actions if required within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶39

Accordingly, the writ petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition also stands closed.

¶40

(S.M.S., J.) (K.R.S., J.)

¶41

10.03.2025

¶42

ssi Index: Yes Speaking Order: Yes/No Neutral Citation Case : Yes/No

¶43

To

¶44

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

¶45

4/6