W.P.No.39042 of 2024 --------------------------- IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.01.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.P.No.39042 of 2024 T.Prabhu ... Petitioner Vs. 1.The Deputy Director, Town & Country Planning, Door No.39/9, First Floor, Min Nagar, 2nd Cross, Near TNEB Office, Rayakottai Salai, Hosur - 635 109, Krishnagiri District. 2.The Commissioner, Krishnagiri Municipal Corporation, Krishnagiri. 3.Sivaguru ... Respondents PRAYER: Writ Petition Filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to act as per the direction issued by the 1st respondent vide his communication in Na.Ka.No.1740/2024/D dated 27.06.2024 and take appropriate action as against the illegal and unauthorised construction made by the 3rd respondent in accordance with law. ---------------------- Page No.: 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- For Petitioner : Mr.R.Marudhachalamurthy For 1st Respondent : Mr.S.John J. Raja Singh For 2nd Respondent : Mr.T.Balaji ****** O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) This case is another example of lethargy on the part of the enforcing Authorities, in implementing the provisions of the Tamil Nadu Urban Local Bodies Act, 1998. 2. Section 133 provides for grant of permission for construction or reconstruction of buildings. Section 135 empowers the Commissioner to regularize unauthorized construction. Sub-Section 6 of Section 135 provides for removal of unauthorized construction. Section 180 prescribes the penalties for contravention of the provisions of the Act. The petitioner after making representations regarding the unauthorized construction has moved this Court seeking a Writ of Mandamus directing the respondents to take action pursuant to the communication dated 27.06.2024. ---------------------- Page No.: 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- 3. Mr.T.Balaji, learned counsel appearing for the 2nd respondent Municipality would submit that notice was issued to the 3rd respondent on 16.05.2024 under Section 133(5), 135(1) and (2) of the Tamil Nadu Urban Local Bodies Act, 1998 on 15.05.2024 and the same was followed with another notice under Section 133(5), 134 and 135(1) and (2) on 14.06.2024. Again on 04.12.2024 another notice was issued under Section 133(5) and 180 of the Tamil Nadu Urban Local Bodies Act requiring the owner to stop construction and to seek permission within 15 days. The notice dated 15.05.2024 and 14.06.2024 were also for the same purposes. 4. Section 135 provides the procedure for regularization of unauthorized construction. Sub-Section (1) requires the Commissioner to issue notice to the owner or occupier to regulate the construction of the building in accordance with Rules and conditions imposed in the notice. Sub-Section (2) of Section 135 requires the owner or occupier or the person in-charge of the construction to stop construction forthwith and apply to the Commissioner for regularization. Sub-Section (3) empowers the Commissioner to grant permission after collecting necessary fee and penalty to approve the ---------------------- Page No.: 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- construction if it is in accordance with the Rules. If the Commissioner finds that the construction is not in accordance with Rules or it is in deviation of the plan or any provision of the Act, sub-Section (4) empowers the Commissioner to issue notice to the persons concerned to cause necessary modification by removing any existing structure or by making necessary alterations within the period specified therein. Sub-Section (5) provides that if the order passed by the Commissioner under sub-Section (4) are apply with Commissioner can grant necessary building permission. Sub-section (6) of Section 135 empowers the Commissioner to lock and seal the building or remove or demolish the unauthorized construction as the case may be. It also provides for recovery of the cost of the expenditure incurred from the person concerned. 5. Though the Authorities found that there was an unauthorized construction even during May 2024 they were happy to issue notices requiring the owner to stop construction and apply for permission. They did not proceed further. We find that it has become the habit for the enforcing Authorities to issue repeated notices and permit people to flout the Rules and proceed with the construction and the reasons for such behaviour is not far to seek. It has to be presumed that it is the monetary gain that is made by the Authorities, illegally, by issuing such repeated notices. We are forced to make this observation since ---------------------- Page No.: 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- we have been coming across such cases for almost two and a half months now since we sat in this portfolio. This attitude or trend has to be stopped. The learned counsel for the Municipality would submit that the Municipality would take action within the period to be fixed by this Court. In this also we see a design to take an order from us and blame this Court for the consequences. In any event whether we are blamed or not we have to discharge our duties as per the oath taken by us. 6. Hence, this writ Petition is disposed of with a direction to the 2nd respondent to proceed further in accordance with law strictly in terms of Sections 134 and 135 of the Tamil Nadu Urban Local Bodies Act read with Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act and pursue the action to its logical conclusion within a period of six months from today. 7. The Commissioner, Krishnagiri Municipality will also initiate necessary disciplinary action against the officials who are responsible for supervision of the unauthorized developments within the municipal area and file a status report regarding the action taken against them by 15.02.2025. ---------------------- Page No.: 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- 8. Place the matter for compliance on 15.02.2025. (R.S.M.,J.) (C.K.,J.) 24.01.2025 dsa Index : No Internet : Yes Neutral Citation : No Speaking order ---------------------- Page No.: 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- To 1.The Deputy Director, Town & Country Planning, Door No.39/9, First Floor, Min Nagar, 2nd Cross, Near TNEB Office, Rayakottai Salai, Hosur - 635 109, Krishnagiri District. 2.The Commissioner, Krishnagiri Municipal Corporation, Krishnagiri. ---------------------- Page No.: 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.39042 of 2024 --------------------------- R.SUBRAMANIAN, J. and C.KUMARAPPAN, J. dsa W.P.No.39042 of 2024 24.01.2025 ---------------------- Page No.: 8 of 8 https://www.mhc.tn.gov.in/judis