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Mrs.Grace Gnanambal Vs. The Secretary To Government

Madras High Court WP No.8453 of 2024

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2025:MHC:1132WP Nos.8453 & 12263 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

WP Nos. 8453 & 12263 of 2024

AND

WMP Nos. 13353 & 13355 of 2024

WP No.8453 of 2024:

Mrs.Grace Gnanambal

Petitioner(s)

1.The Secretary To Government

Housing And Urban Development

Department, Fort St. George,

Secretariat, Chennai 600 009.

2.The Commissioner,

Greater Chennai Corporation,

Ripon Buildings, Chennai -600 003.

3.The Inspector General Of

Registration

No.100, Santhome High Road,

Pattinapakkam, Chennai -600028.

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4.The Member Secretary,

Chennai Metropolitan Development

Authority, Enforcement Cell,

Thalamuthu Natarajan Building,

No.1, Gandhi Irwin Road, Egmore,

Chennai - 600 008.

5.The Regional Joint

Commissioner/Deputy Commissioner

(South),

No.118, Dr. Muthulakshmi Salai,

Adyar, Chennai - 600 020.

6.The Commissioner Of Police,

Greater Chennai Police,

EVK Sampath Road,

Vepery, Chennai.

7.The Chairman,

Tangedco, Anna Salai,

Chennai - 600 002.

8.The Director,

Chennai Metro Water Supply And

Sewerage Board, Chennai.

9.The Director

Directorate Of Vigilance And Anti

Corruption, No.293, M.K.N. Road,

Alandur, Chennai 600 016.

10.The District Registrar

Chennai South, No.537, Fenpet,

Nandanam, Chennai -600 035.

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WP Nos.8453 & 12263 of 2024

11.The Executive Engineer,

Zone-XIV, Greater Chennai

Corporation, No.6/64,

Puzhuthivakkam Main Road,

Chennai -600091.

12.The Sub-Registrar,

O/o.The Velacherry Sub-Registrar,

No.38, 3

Main Road, Ram Nagar,

Velacherry, Chennai -600042.

13.M/s.Square Developers

Rep. By Its Partner Mr.A.Godwin

Wilson S/o. D. Arul Muthiah

Office At Plot No.59/B, I Main Road,

Sadasivam Nagar,

Madipakkam,

Chennai - 600 091.

14.Mr.G.Devasirvatham

15.Mrs.R. Nirupama

16.Mr.Ashok Kumar Sharma

17.Mr.S.Senthilnathan

18.Mrs.S. Priya

19.Mr.R.Gunasekaran

20.J. Saravanan

21.Minu Priya

22.Mrs.Sumathy

Respondent(s)

WP No. 12263 of 2024

1.S.Senthil Nathan

2.S.Priya

3.R.Ashok Kumar Sharma

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WP Nos.8453 & 12263 of 2024

4.J.Saravanan

Petitioner(s)

1. The State Of Tamil Nadu

Rep. By Its Secretary To Government,

Department Of Housing And Urban

Development, Secretariat, Fort St

George, Chennai-600 009.

2.Greater Chennai Corporation

Rep. By Its Commissioner,

Ripon Buildings, Chennai-600 003.

3.The Executive Engineer

Zone 14, Greater Chennai Corporation,

Zonal Office, Puzhuthivakkam,

Chennai.

4.G.Devasirvatham

5.Grace Gnanambal

6.M/s.Square Developers

Rep By Its Partner,

A.Godwin Wilson,

Plot No.59/B, First Main Road,

Sadasivam Nagar, Madipakkam,

Chennai-600 091.

Respondent(s)

WP No. 8453 of 2024

PRAYER

directing the 2nd respondent to demolish the deviated construction of building

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WP Nos.8453 & 12263 of 2024

at Door No.15, Sivasubramanian Street, Ramalinga Nagar, Madippakkam,

Chennai-600091 pursuant to the notice issued in No.Ma.14.

Na.Ka.No.A1/000311/2023, dated 20.05.2023 based on the order passed by the

1st respondent in Letter No.4840944/UD-VII(2)/2023-3 dated 10.08.2023.

WP No. 12263 of 2024

PRAYER

to call for the records of the 3rd respondent pertaining to the impugned notices

dated 15.04.2024 bearing Z.O.14/C.No./A1/11035/2019 issued to the petitioners

and to quash the same and consequently forbear the respondents 1-3 from in any

way taking any coercive steps such as locking or sealing or demolishing the

petitioners' premises in Flat Nos.F3, F4, S3 and S4, Zelda Square Apartments,

Plot No.29, Door No.15, Sivasubramaniam Street, Ramalinga Nagar,

Madipakkam, Chennai-600 091.

WP No. 8453 of 2024

For Petitioner(s):Mr.D.Ashokkumar

For Respondent(s):Mrs.E.Ranganayaki AGP For

R1, 3, 10 and 12

Mr. D.B.R. Prabhu SC For R2

and 11

Mr. C.Manoharan, SC (CMDA)

For R4

Mr.M.Babu Muthu Meeran APP

For R5, 6 & 9

Mr.S.Silambanan Senior Counsel

For Mr K.Chandru For R15 To

18 & 20

Mr.N.Nithianandam For

Mr. Meiyappan Mohan For R14

Mr. Jerry V.V. Sundar For R8

No Appearance For R7, 13, 19,

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21 & 22

W.P.No.12263 OF 2024

For Petitioner(s): Mr.Silambanan Senior Counsel

For Mr.K.Chandru

For Respondent(s): Mrs.E.Ranganayaki AGP

For R1

Mr. D.B.R. Prabhu SC For R2 & 3

Mr.N.Nithianandam For

Mr. Meiyappan Mohan For R4

Mr.D.Ashok Kumar For R5

No Appearance for R6

COMMON ORDER

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

The writ of mandamus has been instituted to direct the 2

respondent to

demolish the deviated construction of the building at Door No.15,

Sivasubramanian Street, Ramalinga Nagar, Madipakkam, Chennai – 600 091

pursuant to the notice dated 20.05.2023, based on the order passed by the 1

respondent in letter dated 10.08.2023.

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2. The petitioner filed a compliant stating that unauthorised/deviated

construction had been carried out in the subject premises and the complaint filed

by him to initiate action had not been responded to. Thus, the writ petition came

to be instituted.

3. It is brought to the notice of this Court that the complaint has been

lodged by one of the landowners himself. However, it is immaterial whether the

complainant is the land owner, a neighbour or otherwise. The issue to be

considered is whether any unauthorised/deviated construction has been

identified in violation of the building plan permission and whether actions have

been initiated by the competent authorities in accordance with law.

4. In the context of the allegations, the Executive Engineer, Zone XIV,

Greater Chennai Corporation filed a status report after conducting a field

inspection. The status report reveals unauthorised construction and violations in

the subject property, the details of which are stated as follows:

“8. I respectfully submit that on scrutinizing the planning

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permission with respect of Block A at Plot No.29, Door No.15,

Sivasubramaniam Street, Ramalinga Nagar, Madipakkam, Chennai

– 600 091 in PPA/WDCN14/00237/2013 and building approval in

BA/WDCN14/04376/2013 the following deviations/unauthorised

construction were noted as follows:

Sl.No. Description As per Approved

Plan

As Per Site Remarks

Set Back

1 Front Side 1.52 Nil Sub divided Plot 29A

& 29B buildup

2 Read Side 1.52 0.7 Combinedly

3 East Side 1.52 0.7 0.82

4 West Side 1.52 Nil 1.52

Floor Area

1 Silt Floor Area Fully Silt 15.35 Totally unauthorised

2 First Floor Area 77.65 153.81sq.m 76.16 sq.m

3 Second Floor Area77.65 153.81sq.m 76.16 sq.m

Plot Coverage & FSI

1 Coverage Area 61.25% 121.32% 60.07%

2 FSI 1.25 2.54 1.29

9. I respectfully submit that on scrutinizing the planning

permission with respect of Block A at Plot No.29, Door No.15,

Sivasubramaniam Street, Ramalinga Nagar, Madipakkam, Chennai

– 600 091 in PPA/WDCN14/02238/2013 and building approval in

BA/WDCN14/04377/2013 the following deviations/unauthorised

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construction were noted as follows:

Sl.No. Description As per Approved

Plan

As Per Site Remarks

Set Back

1 Front Side 1.52 Nil Sub divided Plot 29A

& 29B buildup

2 Read Side 1.52 0.7 Combinedly

3 East Side 1.52 0.7 0.82

4 West Side 1.52 0.4 1.12

Floor Area

1 Silt Floor Area Fully Silt 131.63 sq.m131.63sq.m

2 First Floor Area 99.09 sq.m 153.81 sq.m54.72 sq.m

3 Second Floor Area99.09 sq.m 153.81 sq.m54.72 sq.m

Plot Coverage & FSI

1 Coverage Area 58.61% 90.96% 32.53%

2 FSI 1.17 2.59 1.42

Hence, further action has been taken by issuing a Locking and

Sealing Notice dated 09.11.2018 under Section 56 & 57 read with

Section 85 of Tamil Nadu Town and Country Planning Act, 1971 to

all the occupants of the building Plot No. 29, Door No. 15,

Sivasubramaniam Street, Ramalinga Nagar, Madipakkam, Chennai

– 600 091 including the petitioners herein.”

5. Though the Corporation has initiated action and issued a notice in the

year 2018, no further action was taken.

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6. It is seen from the records that the occupants/owners of the plots

preferred a revision under Section 80A of the Tamil Nadu Town and Country

Planning Act, 1971 before the Government. The Government elaborately

considered the issues on merits and by affording opportunities to the parties, and

passed final orders vide letter dated 28.04.2022.

7. A direction was issued by the Government to make necessary

rectification within three months and submit a revised planning permission as

per the Tamil Nadu Combined Development Building Rules, 2019. However,

another round of litigation commenced at the instance of the occupants of the

building, seeking to prolong and protract the proceedings.

8. Once again, a revision under Section 80A Tamil Nadu Town and

Country Planning Act was instituted and the Government again considered the

merits of the case and passed final orders in letter dated 10.08.2023. The

relevant paragraphs of the orders are extracted hereunder:

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“13. After hearing all sides and considering the facts and

submissions, the Government hereby grant three months time as a

final opportunity to the revision petitioners and all other owners of

the said building to rectify the deviations in the building in co-

ordination with the developer and to obtain revised approval for

the rectified building as per Tamil Nadu Combined Development

and Building Rules, 2019. Till such time there shall be a stay on

the De-occupation notice dated on 20.05.2023 and all other

proceedings of Greater Chennai Corporation issued inrespect of

the said building. On expiry of the said period of three months

time, Greater Chennai Corporation shall proceed with further

enforcement action, if the petitioners failed to comply the above

directions.

14. All the special revision petitions filed in respect of the

building in the site under Section 80(A) and stay petition under

Section 80-A(3) of Tamil Nadu Town and Country Planning Act,

1971 are disposed accordingly.”

9. Multiple revision petitions under Section 80A of the Tamil Nadu Town

and Country Planning Act, 1971 are neither contemplated nor maintainable.

Once the Government disposes of a revision petition, it is to be implemented by

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the concerned authorities. Paving way for further litigation would cause

prejudice and defeat the very purpose and object of the Act and Rules.

10. The Chennai City area has become a concrete jungle with many

greedy men and women constructing buildings in violation of the building plan

permission. The Corporation authorities seem to be silent and mute spectators

and there are widespread allegations of corruption in public domain against

them.

11. The Corporation authorities are expected to conduct inspections at

every stage of construction from the commencement of building and take

prompt action against violations, deviations, or unauthorized constructions to

prevent unnecessary financial loss and inconvenience to the public.

Unauthorised constructions pose dangers to neighbours, road users and the

environment, contributing to issues like air pollution.

12. The right to a peaceful and decent life is a fundamental right

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enunciated under the Constitution. It is the duty of the 'State' and competent

authorities to ensure that the buildings are constructed as per the building plan

permission and in consonance with the Statutes and Rules in force. The

authorities must be sensitive towards unauthorised constructions in urban areas

and any negligence on their part should be viewed seriously.

13. The learned Standing Counsel appearing on behalf of the Greater

Chennai Corporation relying on the status report would submitted in the present

case the authorities are sensitive. After disposal of the revision by the

Government under Section 80A of the Town and Country Planning Act, a notice

was issued. However, the writ petition was filed and in view of the interim order

granted, no further action has been taken.

14. That apart, the building owners have not obtained the revised plan as

per the directions issued by the Government after effecting rectifications. Thus,

further enforcement actions are initiated.

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15. May that as it be, the observations of this Court are relevant because

at the time of construction inspections are not conducted properly. In other

words, timely action by these authorities is of paramount important. Instead of

enforcement actions, unauthorised constructions can be prevented at the initial

stage, which would be in the interest of public and unnecessary financial loss

also can be averted. This exactly is the reason why the Courts have repeatedly

emphasized the importance of authorities conducting inspections at the initial

stage and during the commencement of building construction, so as to ensure

that the buildings are being constructed strictly in accordance with the building

plan permission.

16. In the present case, multiple revision petitions have been instituted

and the Government has consistently rejected them.

17. The learned Senior Counsel appearing on behalf of the petitioners /

flat owners would submit that the builder has misguided the flat purchasers. The

Division Bench of this Court in judgment dated 11.01.2023 in

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W.P.MD.No.23772 of 2022 issued a direction to the promoter to pay necessary

compensation / alternative accommodation to the buyers of the flats. Therefore,

the same direction is to be issued.

18. Considering the facts and circumstances, this Court is inclined to

direct the competent authorities of the Greater Chennai Corporation to continue

the enforcement actions and demolish the unauthorised/deviated portion of the

building, by following the procedures within a period of twelve (12) weeks

from the date of receipt of a copy of this order.

19. The Greater Chennai Corporation is directed to recover the

expenditure from the promoter, who constructed the building. As far as the

financial loss caused to the purchasers are concerned, they are at liberty to

initiate all appropriate actions against the promoters in the manner known to

law. The official respondents are directed to initiate proceedings under the

penalty provisions of the Tamil Nadu Town and Country Planning Act, 1971.

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20. With the above directions, the Writ Petitions stand disposed of. No

costs. Consequently, the connected Miscellaneous Petitions are closed.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.)

24-03-2025

Jeni

Index:Yes/No

Speaking/Non-speaking order

Internet:Yes

Neutral Citation:Yes/No

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WP No. 8453 of 2024

1.The Secretary To Government

Housing And Urban Development

Department, Fort St.George,

Secretariat, Chennai 600 009.

2.The Commissioner,

Greater Chennai Corporation, Ripon

Buildings, Chennai -600 003.

3.The Inspector General Of

Registration

No.100, Santhome High Road,

Pattinapakkam, Chennai -600028.

4.The Member Secretary,

Chennai Metropolitan Development

Authority, Enforcement Cell,

Thalamuthu Natarajan Building, No.1,

Gandhi Irwin Road, Egmore, Chennai

- 600 008.

5.The Regional Joint

Commissioner/deputy Commissioner

(south),

No.118, Dr. Muthulakshmi Salai,

Adyar, Chennai - 600 020.

6.The Commissioner Of Police,

Greater Chennai Police, Evk Sampath

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Road, Vepery, Chennai.

7.The Chairman,

Tangedco, Anna Salai, Chennai - 600

002.

8.The Director,

Chennai Metro Water Supply And

Sewerage Board, Chennai.

9.The Director

Directorate Of Vigilance And Anti

Corruption, No.293, M.K.N. Road,

Alandur, Chennai 600 016.

10.The District Registrar

Chennai South, No.537, Fenpet,

Nandanam, Chennai -600 035.

11.The Executive Engineer,

Zone -xiv, Greater Chennai

Corporation, No.6/64,

Puzhuthivakkam Main Road, Chennai

-600091.

12.The Sub-registrar,

O/o The Velacherry Sub-registrar,

No.38, 3rd Main Road, Ram Nagar,

Velacherry, Chennai -600042.

13.M/s. Square Developers

Rep. By Its Partner Mr. A. Godwin

Wilson S/o. D. Arul Muthiah Office At

Plot No.59/b, I Main Road, Sadasivam

Nagar, Madipakkam, Chennai - 600

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091.

14.Mr.G.Devasirvatham S/o Gnaniah,

Door No.15, Sivasubramaniam Street,

Plot No.29, Ramalinga Nagar,