Dr.C.Swaminathan v. State Of Tamil Nadu Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P.No.12924 of 2024 and WMP.No.14088 of 2024 C.Swaminathan ... Petitioner Vs.
1.
State of Tamil Nadu represented by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
Chennai Metropolitan Development Authority, represented by is Member Secretary, Chief Executive Officer, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
represented by its Commissioner, Rippon Building, Chennai - 600 003.
The Executive Engineer, Zone - IX, Greater Chennai Corporation, No.4, Lake area, 4th Cross Street, The Assistant Executive Engineer,
Zone - IX, Unit 26, No.4, Lake Area 4th Cross Street, 6.
K.Ramanujam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, directing the respondents 1 to 5 herein to take immediate action against the 6th respondent as per the orders passed in W.P.No.11201 dated 10.02.2010 and W.P.No.13053 of 2010 dated 03.08.2010 for committing the Building Plan violations in the premises viz., R.C. Towers, bearing Door No.82/27, Josier Street, Nungambakkam, Chennai - 34 and adjoining Building at Door No.143, Kodambakkam High Road, Nungambakkam, Chennai - 34 within the time fixed by this Court. For Petitioner : Mr.K.Premkumar For Respondents : Mrs.E.Ranganayaki Additional Government Pleader for R1 : Mr.R.Sivakumar Standing Counsel for CMDA for R2 : Mr.D.B.R.Prabhu Standing Counsel for GCC for R3 to R5 : Mr.P.J.Rishikesh for R6
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 herein to take immediate action against the 6th respondent as per the orders passed in W.P.No.11201 of 2010 dated 10.02.2010 and W.P.No.13053 of 2010 dated 03.08.2010 for committing the Building Plan violations in the premises viz., R.C. Towers, bearing Door No.82/27, Josier Street, Nungambakkam, Chennai - 34 and adjoining Building at Door No.143, Kodambakkam High Road, Nungambakkam, Chennai - 34. The petitioner seeks a direction to take enforcement action as per the earlier orders passed by this Court.
It is brought to the notice of this Court that an application seeking regularisation of unauthorised construction is submitted. Pendency of an application is not a bar for initiating enforcement action under the provisions of the Town and Country Planning Act. Regularisation cannot be granted in a routine manner. Regularisation of unauthorised construction is an exception and the power is to be exercised discreetly only in deserving cases. The power of grant of exception cannot be exercised in a routine manner, so as to defeat the objectives of the Town and Country Planning Act and grant of
Building Plan Approvals.
Therefore, there is no impediment for completing the enforcement action by following the procedures as contemplated. Mr.D.B.R. Prabhu, the learned Standing Counsel appearing on behalf of the Greater Chennai Corporation would furnish the copy of FORMVII, Lock and Seal order dated 08.01.2025. 6.
It is for the aggrieved person to prefer a revision, if he prefers to do so. As far as the Official respondents are concerned, they shall continue the enforcement action by following the procedures as contemplated. The enforcement actions are directed to be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S,J.] [K.R.S,J.] 29.04.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009.
Chennai Metropolitan Development Authority, represented by is Member Secretary, Chief Executive Officer, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.
represented by its Commissioner, Rippon Building, Chennai - 600 003.
The Executive Engineer, Zone - IX, Greater Chennai Corporation, No.4, Lake area, 4th Cross Street, The Assistant Executive Engineer, Zone - IX, Unit 26, No.4, Lake Area 4th Cross Street, S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda W.P.No.12924 of 2024 29.04.2025