Dr.C.N. Rajadurai, v. The Director Of Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 29.08.2017 Pronounced on : 13.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8309 of 2013 and M.P.(MD) No.1 of 2013 Dr.C.N.Rajadurai ... Petitioner Vs.
1. The Director of Town Planning Authority, Opposite to LIC, Chengalvarayan Buildings, 4th Floor, No.807, Anna Salai, Chennai - 600 002.
2. Nagercoil Composite Local Planning Authority, No.11, Ramanpillai Street, Near Ramavarmapuram, Near R.D.Pillai Marriage Hall, Nagercoil - 629 001, represented by its Member Secretary
3. The District Collector, Kanyakumari District, Nagercoil.
4. The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from locking and sealing premise in Door No.690-A, C.N.R.Plaza, Cape Road, Nagercoil, Kanyakumari District bearing Tax Assessment No.55239.
For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.M.Govindan, Spl. G.P. For RR1-3 Mr.P.Athimoolapandian for R4
O R D E R
*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks a direction forbearing the respondents from locking and sealing premise in Door No.690-A, C.N.R.Plaza
Cape Road, Nagercoil, Kanyakumari District bearing Tax Assessment No.55239.
2.The case of the petitioner is that the petitioner after getting plan approval from the municipal authorities put up a commercial complex in Door No.690-A, C.N.R.Plaza Cape Road, Nagercoil, Kanyakumari District. Since some deviations were noted, the fourth respondent, the Commissioner, Nagercoil Municipality passed an order dated 20.09.2005 directing the petitioner to remove the unauthorised construction put up by him. Instead of challenging the same, the petitioner has chosen to file writ of mandamus forbearing the respondents from locking and sealing the premise in Door No.690-A, C.N.R.Plaza Cape Road, Nagercoil, Kanyakumari District.
3.The second respondent has filed a counter affidavit, in which the deviations in respect of the building in question have been set out in a tabulated format. The same is as under: Sl.
Description of rule
Present
condition at site Violatio n No.
District Municipal Building Rules, 1972 1.
11(4) one fourth open space Not provided 100% 2.
12-Parking space Not provided 100% 3.
14(1) 1/8 ventilation Not provided 100% 5.
15(2)(g) staircase ventilation 1.50 sq.m.
Not provided 100% Multi-storied and Public Building Rules, 1973 1.
4(a) declared as MSB Not provided 100% 2.
4(b) Minimum width of site Not provided 100% Minimum area of plot 4 grounds Not provided 100% 3.
9-F S.I. - 100 Not provided 100% Plot Coverage 50% Not provided 100% 4.
11(1)(b) open space around 6 m Not provided 100% 5.
12(2) Emergency Exit Not Provided 100% 6.
13-Parking facilities for every 200 sq.m. - 20 sq.m.
for shops and for 6 beds-20 sqm. For lodging Not provided 100% 7.
14 Fire NOC Not Provided 100%
4.The petitioner has not filed any rejoinder controverting the aforesaid allegations made by the authority with respect to the deviations committed by the petitioner.
5.We have heard the learned counsel on either side and perused the materials available on record.
6.The order dated 20.09.2005 passed by the fourth respondent merely calls upon the petitioner to remove the unauthorised constructions.
7.Though in the affidavit filed in support of the petition, the petitioner has contended that the building was constructed after taking permission from the local planning authority, the deviations highlighted in the counter affidavit have not really been explained by the writ petitioner.
8.In any event, there is a statutory remedy available to the petitioner under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971. The petitioner without resorting to the specific remedy available under the Act, has rushed to this Court.
9.The Hon'ble Supreme Court in Dipak Kumar Mukherjee Vs. Kolkatta Municipal Corporation (2013 (5) SCC 336) observed that illegal and unauthorised construction of buildings and other structures not only violate the Municipal Laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. 10.The building in question is used by the public. It is a commercial building. Since the public are using the building, it must have a structurally sound building. There is nothing on record to see that the building was constructed in adherence to the safety standards. In any case, the local authority was correct in taking enforcement action. We are therefore of the view that there is no ground made out in this writ petition. We therefore dismiss the writ petition. No costs. Consequently, connected miscellaneous petitions is also dismissed.
Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To
1. The Director of Town Planning Authority, Opposite to LIC, Chengalvarayan Buildings, 4th Floor, No.807, Anna Salai, Chennai - 600 002.
2. The Member Secretary Nagercoil Composite Local Planning Authority, No.11, Ramanpillai Street, Near Ramavarmapuram, Near R.D.Pillai Marriage Hall, Nagercoil - 629 001,
3. The District Collector, Kanyakumari District, Nagercoil.
+1cc to Mr.N.Dilip Kumar, Advocate SR.No.54863 +1cc to The Spl. Government Pleader Sr.No.55702 ARUL VB/RSK/SAR1/04/05/2018/4P/6C ORDER MADE IN W.P.(MD)No.8309 of 2013 and M.P.(MD) No.1 of 2013 13.03.2018