WP/40938/2025 of K.SANTOSH Vs THE ADDI. SECRETARY (TECHNICAL) on 8 October 2026

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The order passed by the Government vide letter dated 19.05.2025 under Section 80 A of the Tamil Nadu Town and Country Planning Act is under challenge in the present writ proceedings.

2. The writ petitioner is residing in an apartment. The sixth respondent is also currently residing in the same apartment. A complaint has been lodged regarding unauthorized construction made by the writ petitioner in collusion with a builder. The Chennai Corporation authorities conducted an inspection and identified violations, deviation and unauthorized constructions. The Executive Engineer, Zonal Office XIV, Greater Chennai Corporation filed a counter affidavit stating that on scrutinizing the planning permission with respect of Plot No.1A and Plot No.1B, LIC Nagar, 5th Main Road, Pallikaranai, Chennai, the following deviations / violated constructions were noted as follows: Sl.No. Description As per approved plan As per site Deviation

Front side 0.00 0.00 0.00

Read side 1.51 sq.m. 1.51 sq.m. 0.00

Side Setback (South) 1.52 sq.m. 1.52 sq.m. 0.00

Side Setback (North) 1.52 sq.m. 1.42 sq.m. 0.10

Total Area of Building 385.23 sq.m. 387.07 sq.m. 1.84 sq.m.

Height 8.86 sq.m. 8.86 sq.m. 0.00

Area at Ground Floor 150.40 sq.m. 119.03 sq.m.

Area at 1st Floor 158.44 sq.m. 182.94 sq.m. 24.50 sq.m.

Area at 2nd Floor 61.41 sq.m. 70.12 sq.m. 8.71 sq.m.

Floor Space Index 1.72 sq.m. 1.72 sq.m. 0.00

Usage Residential Residential Residential

No.of floor Stilt + 2 Stilt + 2

3. Since enforcement actions have been initiated to lock and seal and for demolition of the unauthorized constructions, the writ petitioner preferred an appeal under Section 80 A of the Tamil Nadu Town and Country Planning Act before the Government. The Government conducted an enquiry by affording an opportunity to all the parties. The facts are considered elaborately by the Government and following orders are passed in paragraph No.9 of the impugned order.

9. After careful consideration of the above facts and submissions made, the Government hereby pass the following orders:-

(i) The Greater Chennai Corporation should issue a fresh Form IV Notice within 10 days indicating the statement of violations/deviations with reference to approvals obtained by the revision petitioners following all statutory procedures prescribed in the Tamil Nadu Town and Country Planning Act, 1971 and in compliance and Urban Development with G.O.(Ms). No.195, Housing Department, dated 05.11.2022 issued for taking action against the unauthorized/deviated building.

(ii) The revision petitioners and other lawful owners shall obtain demolition approved plan from local body showing the rectification proposed to make the construction as per current rules in force and to submit the structural stability report to the Greater Chennai Corporation.

(iii) The Greater Chennai Corporation has to approve the demolition plan within 10 days from the date of application of revision petitioners and other lawful owners of the subject building.

(iv) The revision petitioners and other lawful owners of the subject building are granted three months time to carry out rectification as per the approved demolition plan or to get revised approval satisfying Tamil Nadu Combined Development and Building Rules, 2019.

(v) The Greater Chennai Corporation shall proceed with further enforcement action without any notice against the revision petitioners and other lawful owners' of the building, if the revision petitioners and other lawful owners' failed to comply the above directions within the time specified.

10. The revision petitions filed by Tvl.K.Santhosh and D.Ganesh under Section 80- A of the Tamil Nadu Town and Country Planning Act, 1971 is disposed accordingly.

4. The Government also considered the submission made between the parties and found that the identification of unauthorized construction by the Greater Chennai Corporation is in consonance with the Statutes and Rules in force. Violations are noticed with reference to the building plan permission granted.

5. The learned counsel for the petitioner would submit that the petitioner may take steps for rectification by submitting proper application. Such contention deserves no merit consideration. The Greater Chennai Corporation conducted an inspection and submitted a report detailing the violations and unauthorized constructions. The petitioner filed an appeal before the Government and the Government also considered the facts in the context of the building plan permission granted by the Greater Chennai Corporation and issued directions as stated above. While so, the petitioner is bound to correct the deviations and demolish the unauthorized construction as directed by the Government in letter dated 19.05.2025.

6. In view of the facts and circumstances, petitioner is granted two months time from the date of receipt of a copy of this order to rectify deviations and demolish the unauthorized construction and restore the building as per the building plan permission granted by the Greater Chennai Corporation. In the event of not rectifying the violations by demolishing the unauthorized portions of the construction, the Greater Chennai Corporation authorities are directed to demolish the unauthorized portion of the construction and recover the costs of the demolition from the petitioner by following due procedures.

7. The sixth respondent in person would submit that the writ petitioner is a practising Advocate and he is threatening the sixth respondent through some political persons. The petitioner is expected to maintain good conduct as a Lawyer under the provisions of the Advocates Act and the Bar Council Rules. A Lawyer is enjoying a status in the society. By virtue of the status, he is expected to conduct himself in a manner known to law, both inside the Court premises and outside the premises in the society. In the event of any such threat or attempt, if any made by the petitioner, the sixth respondent is at liberty to lodge a police complaint to the jurisdictional police. In the event of receiving any such complaint, an appropriate enquiry is to be conducted.

8. With these observations, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (R.R.V.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI To

1. The Addl. Secretary (Technical) Housing And Urban Development, Secretariat, Chennai-9.

2. The Commissioner Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

3. The Executive Engineer -Zone -14, Greater Chennai Corporation, Madipakkam, Chennai.

4. The Asst. Executive Engineer -Unit 42 Greater Chennai Corporation, Madipakkam, Chennai.

5. The Asst. Engineer Div. 188 Greater Chennai Corporation, Madipakkam, Chennai.

S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. SLI WP No. 40938 of 2025 and WMP No.45889 & 45890 of 2025 08-10-2026