Akkalaneni Anish v. Government Of Tamil Nadu

2025:MHC:1192

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and W.M.P.No.14595 of 2025 Akkalaneni Anish ... Petitioner Vs.

1. Government of Tamil Nadu, Represented by its Additional Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2. The Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai - 600 003.

3. Greater Chennai Corporation, Rep. by its Executive Engineer, Zone - VIII, No.36-13/12-B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

4. Tmt. Kasturi ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of certiorarified mandamus, calling for the records of the 1st Respondent / Government relating to their order of rejection of the special Revision petition filed by the petitioner on 07.03.2025under Sec. 80A and 80A (3) of the Tamil Nadu Town and country planning Act 1971 by rejection letter vide Letter No 9579983 / UD8 (1) / 2025-1 dated 01.04.2025 pertaining to the building put up at Plot No 4575 - B Door No Y-255, 6th Main Road, Anna Nagar, chennai 600 040 and quash the same and consequently direct the respondents 2 and 3 to forbear them from interfering with the buildings, as aforesaid in occupation in any manner particularly by way of locking and sealing and or demolition of the same For Petitioner : Mr.D.S.Raja Sekaran for Mr.K.Sivasubramanian For R1 : Mr.E.Veda Bagath Singh, Special Government Pleader For R1 & R3 : Mr.D.B.R.Prabhu, Standing Counsel for Greater Chennai Corporation

O R D E R

[Order of the Court is made by S.M.SUBRAMANIAM, J.] The order of rejection passed by the Government vide letter dated 01.04.2025 under Section 80-A of the Town and Country Planning Act is sought to be assailed in the present writ proceedings.

2. It is not in dispute that the authorities identified unauthorised

construction in the subject property. Enforcement actions were initiated. The writ petitioner is a tenant. The owner of the premises Smt.Kasturi also filed a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act before the Government and the said revision petition was rejected along with the revision petition filed by the writ petitioner by way of a common order, which is impugned in the present writ proceedings.

3. Since the subject building was found to be unauthorisedly constructed in violation of the building plan permission and the enforcement actions have already been completed by the authorities, this Court is not inclined to entertain the writ petition. That apart, the revision petition under Section 80-A of the Act was rejected.

3. Mr.D.S.Raja Sekaran, learned counsel for the petitioner would submit that the petitioner/tenant will vacate the premises and some time may be granted.

4. In view of the said submission, the petitioner is directed to vacate the premises on or before the June 10, 2025. In the event of failure the respondent authorities are directed to conclude the enforcement actions and

demolish the unauthorised constructions without granting any further time to the occupants. The entire exercise of completion of enforcement action is directed to be concluded within a period of six (6) weeks from 10th June 2025.

4. With the above directions, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [S.M.S., J.] [K.R.S., J.] 09.04.2025 Index : Yes Speaking order / Non-speaking order Jeni Note: Registry is directed to issue order copy on 22.05.2025

To

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

2. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

3. Executive Engineer, Greater Chennai Corporation, Zone - VIII, No.36-13/12-B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

S.M.SUBRAMANIAM, J.

AND K.RAJASEKAR, J.

Jeni 09.04.2025