WP/28439/2026 of S.ASHOK KUMAR Vs THE COMMISSIONER on 2 November 2026

ORDER

(Order of the Court was made by S.M.Subramaniam, J.) Writ of Mandamus has been instituted to direct the respondents to demolish the unauthorised construction/deviation made by the second respondent in Plot No.111, Metro Garden City, Kundrathur Village, Kundrathur Taluk, Kancheepuram District in pursuance to the order dated 05.05.2025 issued by the Government.

2. The petitioner raised an allegation of unauthorised construction/deviation in respect of the building constructed by the second respondent. Issue went up to the Government and the appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act was disposed of by the Government vide order dated 05.05.2025. The Government passed the following order:

7. Considering the above facts and the submissions made, the Government hereby pass the

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following orders: i.The Form-VI notice dated 15.06.2024 issued by Kundrathur Municipality is hereby set aside. ii.The Kundrathur Municipality shall issue fresh Form-IV notice within 10 days indicating the statement of violations/deviations following all statutory procedures prescribed in Tamil Nadu Town and Country Planning Act, 1971 and in compliance with G.O.(Ms).No.195, Housing and Urban Development Department, dated 05.11.2022 issued for taking action against the unauthorised/deviated building. iii.The revision petitioner is directed to rectify the deviation mentioned in the fresh notice to be issued by Kurndrathur Municipality and obtain revised planning permission from the competent authority for the existing building satisfying Tamil Nadu Combined Development and Building Rules, 2019. iv.Kundrathur Municipality shall deseal the subject building for a period of three months. v.Kundrathur Municipality shall proceed with further enforcement action against the revision petitioner’s building, if the revision petitioner failed to comply with the above directions within the time specified. Since the said order has not been implemented, the present writ petition came to be filed.

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3. The learned counsel for the petitioner would mainly contend that before the Government, the Tahsildar made a submission that the writ petitioner has not made any encroachment in the subject property of Thiru.P.Vinoth Kumar. However, the second respondent raised an allegation of encroachment based on the Taluk Surveyor’s report. Therefore, two different reports have been filed by Taluk Surveyor and the said dispute is to be resolved between the parties in the manner known to law.

4. Regarding the unauthorised construction/deviation, the Government Order dated 05.05.2025 states that the second respondent has constructed the building in violation of the building plan permission granted. The Commissioner, Kundrathur Municipality filed a status report which shows that the second respondent has still no rectified the deviation in entirety. Portion of the unauthorised construction are demolished but further deviations noticed yet to be corrected and the building is to be restored as per the building plan permission granted. In this regard, paragraph 9 of the report filed by the Commissioner, Kundrathur Municipality reads as under:

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9. Therefore as on date, the final orders against the second respondent have been passed and the deviations in the building are as follows: Building Details Setbacks, Buildings Height and Parking Details in Ground Floor S.No. Setbacks, Buildings Height and Parking Details As per approved Plan Provided at site (m) Difference (m)

Front Set back 3.0 M 0.9 2.10

Side Set back - 1 1.0 & 1.38 M 0.77 M & 1.0 M 0.23 & 0.38 M

Side Set back - 2 1.50 M Roof Slab covered 1.50 M

Rear Set back 1.0 M 0.77 M 0.23 M

Two Wheeler Parking 4 Nos. 2 Nos. 2 Nos.

Four Wheeler Parking 2 Nos. 2 Nos.

10. As such the deviations of the second respondent are being proceeded against by this respondent. In regard to the set back deviation in the rear of the building of the second respondent, the allegation that the petitioner has occupied an extent of 1 feet is demonstrated by the Survey report of the Taluk Surveyor as being under the occupation of the petitioner and if the same is remove, the said deviation does not exist.

5. In view of the above factum, the second respondent is directed to correct the deviations and demolish the unauthorised portion of the construction and restore the building as per the building plan permission

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within a period of one month from the date of receipt of a copy of this order, failing which, the first respondent Commissioner shall carry out the correction of deviation/demolish the unauthorised construction and recover the cost from the second respondent.

6. With these directions, the Writ Petition stands disposed of. No costs. (S.M.S.,J.) (R.R.V.,J.) 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cse

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To The Commissioner, Kundrathur Municipality, Kundrathur, Chennai-600 069.

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S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. cse WP.No.28439 of 2026 02-11-2026

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