High Court · 2025

WP No. 4818 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 02-04-2025CORAMTHE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAMANDTHE HONOURABLE MR. JUSTICE K.RAJASEKARWP No. 4818 of 20251. L.MurugananthamS/o. R. Lingasamy (late), 1/16, Muthu Nagar, Kotapulipalayam Road, Dharapuram, Tiruppur District -638 657.Petitioner(s)Vs1. The State of Tamil NaduPrincipal Secretary To Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai -600 009.2.The State of Tamil NaduThe Secretary To Government, School Education Department, Secretariat, Chennai -600 009.3.The Director of Town And Country PlanningDirectorate of Town And Country https://www.mhc.tn.gov.in/judis WP No. 4818 of 2025Planning, Opposite to LIC Chengalvarayan Building, Fourth Floor, 807, Anna Salai, Chennai 600 002.4.Director of School EducationDirectorate of School Education, DPI Complex College Road, Chennai - 600 006.5.The Deputy Director of Townand Country Planning Salem Region, 6, Sannathi Street, Subramani Nagar, Salem -636 005.6.Assistant Director, District Town And Country Planning Office1st Floor, Kumaran Commercial Complex, Tiruppur -641 6017.The CommissionerDharapuram Municipality, Dharapuram, Tiruppur District- 638 656.8.R. DhandpaniS/o. Ramasamy Gounder, 55, Kannan Nagar, Dharapuram, Tiruppur District 638 656.9.D. KarthikeyanS/o. Dhandapani, 55, Kannan Nagar, Dharapuram, Tiruppur District -638656.Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 4818 of 2025Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to direct the 1st respondent, 3rd respondent, 5th respondent, 6th respondent and 7th respondent to initiate appropriate action to demolish the unauthorized construction in TS.Nos.21/1A and 21/1B1 of Ward 7 Block 7 of Dharapuram Town in Tiruppur District and restore the building to the original approved plan within a stipulated time frame.For Petitioner: Mr.L.Muruganantham (P-in-P)For Respondent(s):Mrs.E.Ranganayaki,Additional Government PleaderFor RR1 to 6Mr.P.Srinivas, Standing CounselFor R7Mr.S.Parthasarathy, Senior CounselFor Mr.P.Dinesh KumarFor R8Mr.K.Selvaraj For R9ORDER(Order of the Court was made by S.M.Subramaniam J.)The writ of mandamus has been instituted to direct the respondents 1, 3, 5, 6 and 7 to initiate appropriate action to demolish the unauthorized construction in T.S. Nos.21/1A and 21/1B1 of Ward 7 Block 7 of Dharapuram https://www.mhc.tn.gov.in/judis WP No. 4818 of 2025Town in Tiruppur District and restore the building to the original approved plan within a stipulated time.2. The petitioner states that building plan approval was granted on 31.03.2011, for construction of a building in S.F.No.372/2A, 373/1A belonging to T.S.No.21/1A, 20/19B of Dharapuram Municipality. The respondents No.8 and 9 constructed buildings unauthorizedly in violation of the building plan permission and deviated the approved plan. Thus, the petitioner made a complaint for initiation of action and to demolish the unauthorized constructions. The 8th respondent who constructed building unauthorizedly, filed W.P.No.12952 of 2015 seeking a direction to dispose of the Statutory Appeal filed under Section 80 of the Tamil Nadu Town and Country Planning Act and the Division Bench passed final orders on 28.04.2015 to dispose of the revision filed by the 8th respondent. The Government disposed of the appeal vide letter dated 15.07.2015, however, since then, there was no enforcement action initiated under the provisions of the Tamil Nadu Town and Country Planning Act nor Lock and Seal Notice was issued against which, the Statutory Appeal is entertainable. https://www.mhc.tn.gov.in/judis WP No. 4818 of 20253. With reference to the allegations of unauthorized construction made against the respondents No.8 and 9, the 6th respondent, Assistant Director, District Town and Country Planning Office filed a counter affidavit stating that the unauthorized constructions are identified. The 8th respondent submitted an application through single window portal application on 27.02.2025 requesting for revised approval for existing school building. During the course of inspection, the authorities found that there is deviation in set back parameters and class rooms size. Thus, the application was returned and refused on 07.03.2025.4. This Court is of the considered opinion that appeal against Section 79 of the Tamil Nadu Town and Country Planning Act is not maintainable to issue a revised plan in respect of an unauthorized construction already made. Section 79 of the Tamil Nadu Town and Country Planning Act, appeal is entertainable, if any person aggrieved by any decision or order of a planning authority under Section 49 or Sub-section (1) of Section 54 of the Act may appeal to an authority as prescribed. https://www.mhc.tn.gov.in/judis WP No. 4818 of 20255. Holistic reading of Section 79 of the Tamil Nadu Town and Country Planning Act in entirety would amplify that the appeal is relatable to an application submitted seeking building plan permission under Section 49 of the Act, or sub-Section (1) to Section 54 which enumerates that “if it appears to an appropriate planning authority that it is expedient, having regard to the development plan prepared, that permission for any development granted under this Act or any other law, should be revoked or modified, the said planning authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such an extent as may be necessary”.6. Therefore, an appeal under Section 79 of the Act is not entertainable to regularize the unauthorized construction already made by seeking a revised plan approval or modification of the building plan permission already granted based on which, the constructions were made already. Only in the event of issuing a Lock and Seal Notice, a revision alone would lie before the Government under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. https://www.mhc.tn.gov.in/judis WP No. 4818 of 20257. The 6th respondent conducted inspection and found that the respondents No.8 and 9 constructed building unauthorizedly and that being the factum, the enforcement actions must be continued.8. The learned Senior Counsel Mr.Parthasarathy would submit that the subject property is a school and the students are studying. The current academic year is yet to be completed and examinations are going on. Therefore, an opportunity may be granted to the respondents No.8 and 9, till the completion of academic year.9. The fact regarding unauthorized construction identified by the authorities is unable to be disproved by the respondents No.8 and 9. Thus, the enforcement action under the Act is inevitable. However, this Court is of the considered opinion that the education of the students studying in the school is to be taken care of. Thus, the demolition of the unauthorized construction to be made only during the month of May and it must be completed before commencement of next academic year. https://www.mhc.tn.gov.in/judis WP No. 4818 of 202510. In view of the facts and circumstances, the respondents No.5, 6 and 7 are directed to complete the process and demolish the unauthorized construction during the month of May 2025 and complete the enforcement action before commencement of the next academic year by restoring the building in accordance with the building plan approval.11. With the above directions, the writ petition stands disposed of. There shall be no order as to costs. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.)02-04-2025ssiIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo:1. The State of Tamil NaduPrincipal Secretary To Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai -600 009. https://www.mhc.tn.gov.in/judis WP No. 4818 of 20252.The State of Tamil NaduThe Secretary To Government, School Education Department, Secretariat, Chennai -600 009.3. The Director of Town and Country PlanningDirectorate of Town and Country Planning, Opposite to LIC, Chengalvarayan Building, Fourth Floor, 807, Anna Salai, Chennai 600 002.4.Director of School EducationDirectorate of School Education, DPI Complex College Road, Chennai - 600 006.5.The Deputy Director of Townand Country Planning Salem Region, 6, Sannathi Street, Subramani Nagar,Salem -636 005.6.Assistant Director, District Town And Country Planning Office, 1st Floor, Kumaran Commercial Complex, Tiruppur -641 6017.The CommissionerDharapuram Municipality, Dharapuram, Tiruppur District- 638 656.8.R. DhandpaniS/o. Ramasamy Gounder, 55, Kannan Nagar, Dharapuram, Tiruppur District 638 656.9.D. KarthikeyanS/o. Dhandapani, 55, Kannan Nagar, Dharapuram, Tiruppur District -638656. https://www.mhc.tn.gov.in/judis WP No. 4818 of 2025S.M.SUBRAMANIAM J.AND K.RAJASEKAR J. ssi https://www.mhc.tn.gov.in/judis WP No. 4818 of 2025S.M.SUBRAMANIAM J.AND K.RAJASEKAR J. ssi WP No. 4818 of 2025 02-04-2025