S.Kavitha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Kavitha ... Petitioner vs.

1.The Commissioner, Thanjavur Municipal Corporation, 2.M.Saraswathi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 05.08.2018 and to take appropriate action against the illegal construction put up by the second respondent in the property bearing No.29/37, comprised in Town Survey No.177/2 situated in Police Ramasamy Naicker Lane, West Main Street, For Petitioner : Mr.P.Sesubalan Raja For Respondent No.1 : Mr.N.Dilip Kumar For Respondent No.2 : No appearance 1/6

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Prayer in this Writ Petition is to direct the first respondent to consider the petitioner's representation dated 05.08.2018 and to take appropriate action against the illegal construction put up by the second respondent in the property bearing No.29/37, comprised in Town Survey No.177/2 situated in Police Ramasamy Naicker Lane, West Main Street, 2.The second respondent has been served with notice and the name has also been printed in the cause list. There is no appearance either in person or through counsel.

3.According to the petitioner, the second respondent has made unauthorized construction in the building in question, without obtaining any building permission from the authority concerned. Hence, the petitioner submitted a representation dated 05.08.2018 to the authority concerned. However, the said representation has not been considered. Hence, the petitioner has filed the present Writ Petition. 2/6

4.The learned counsel appearing for the first respondent, on instructions, submits that stop work notice has been served by the first respondent to the second respondent on 22.08.2018 and the building was constructed without plan approval in a private patta land and the authority concerned will take necessary action for removal of the unauthorized construction in accordance with law.

5.At this juncture, it would be beneficial to refer the Judgment of the Division Bench of this Court in M.Rahamathunisha and others Vs. Commissioner, Greater Chennai Corporation, Chennai and another reported in [2022 (6) CTC 145], wherein the Division Bench of this Court has held as follows:

'19.Applying the parameters laid down by this Court as well as the Hon'ble Supreme Court in the decisions mentioned supra to the present case, wherein, the petitioners sought an interim order forbearing the respondent authorities from taking coercive steps, so as to enable them to rectify and restore the subject building in consonance with the permissible planning rules and regulations, within a period of six months, this court is of the opinion that the practice of putting up an illegal construction and subsequently seek for regularisation or rectification should not be encouraged as it would give a wrong 3/6

impression that a building can be unauthorisedly constructed and later, defects could be rectified. In such cases, the plea for regularisation or rectification should not be entertained either as a matter of course or routine and it should be considered sparingly and reasonably. If it is shown that an unauthorised construction has been put up, it should be ordered to be demolished, thereby indicating a strong warning signal to the perpetrators of such offences. It is trite law that the respondent authorities should take action for the services rendered to the public, whereas in the instant case, after so many litigations, at the instance of the complainant, who is the neighbour of the subject building, the officials have taken action in accordance with law. In many cases, they failed to do so promptly and appropriately; and the completion certificate issued by the authorities is, without proper verification of the actual status of the building, whether there is deviation / unauthorised construction.'

6.In the light of the above, we direct the first respondent to take necessary action for removal of unauthorized construction in accordance with law, after providing due opportunity to the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.

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7.To be noted, in order to curb the unauthorized constructions, the Government has constituted a High Level Monitoring Committee and issued G.O.(2D) No.15, Municipal Administration and Water Supply (MA.1) Department, dated 01.03.2024. The Monitoring Committee shall monitor the inspection of the unauthorized constructions as per the said Government Order. The first respondent shall file an action taken report before the Monitoring Committee for removal of the unauthorized construction made by the second respondent.

8.With the above direction, this Writ Petition is disposed. No costs.

[D.K.K.,J.] [R.V.,J.] 27.03.2024 NCC : Yes / No Index : Yes / No ps To The Commissioner, Thanjavur Municipal Corporation, Copy To:

The District Collector (Monitoring Committee), 5/6

D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 27.03.2024 6/6