Madras High Court
M.Daniel Simiyon Sudan vs The District Collector on 10 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P(MD)No.3482 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.3482 of 2025
and
W.M.P.(MD) No.2464 of 2025
M.Daniel Simiyon Sudan ... Petitioner
Vs
1. The District Collector,
Tiruchirappalli District,
Tiruchirappalli.
2. The Tahsildar,
Srirangam Taluk,
Tiruchirappalli District.
3. The Block Development Officer,
Manikandam Union,
Tiruchirappalli District.
4. The Village President,
Punganur Panchayat,
Tiruchirappalli.
5. D.Kesavan
1/24
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W.P(MD)No.3482 of 2025
6.The State of Tamil Nadu,
The Chief Secretary,
Fort St.George,
Chennai - 9. ... Respondents
(*R6 suo-motu impleaded by this Court
vide order dated 10.06.2025)
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents to remove the Unauthorized Construction (Rice Mills) put
up by the 5th Respondent in S.No. 83/3A, Thayanur Group Punganur
village, Srirangam Taluk, Tiruchirappalli District.
For Petitioner : Mr.M.Dinesh Hari Sudarsan,
For Respondent : Mr.M.Sarangan (R1 to R4 & R6)
Additional Government Pleader
: Mr.M.Karthikeya Venkatachalapathy
(R5)
2/24
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W.P(MD)No.3482 of 2025
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
The Writ on hand has been instituted to direct the respondents to
remove the unauthorised constitution/rice mill put up by the fifth
respondent in S.No.83/3A, Thayanur Group Punganur Village, Srirangam
Taluk, Tiruchirappalli District.
2.The learned Counsel for the petitioner would submit that the
fifth respondent constructed a rice mill without obtaining building plan
permission. The petitioner has given a complaint for removal of
unauthorised construction. Since no action has been taken by the
competent authorities, the present writ petition came to be instituted.
3.The learned Additional Government Pleader based on the written
instructions would submit that the building was constructed without
obtaining building plan permission. Therefore, the authorities are bound
to initiate action for removal of unauthorized construction by following
the procedures as contemplated under the relevant Act and Rules. The
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fifth respondent has admittedly constructed the building without
obtaining building plan permission. Therefore, the authorities will
initiate enforcement action under law.
4.The learned Counsel for the fifth respondent would strenuously
oppose by stating that the fifth respondent submitted an application
seeking building plan approval, which has been obstructed by the
petitioner based on certain personal vengeance. Dispute exists among
the fifth respondent, Panchayat President and the petitioner, which
resulted in non-consideration of the application submitted by the fifth
respondent for granting of building plan permission. Thus, the fifth
respondent may be permitted to persue the application and till such time,
no action to be taken.
5.The learned Counsel for the fifth respondent admitted the fact
that the building was constructed without getting a building plan
permission. However the fifth respondent may submit an application
under Section 135 of the Tamil Nadu Urban Local Bodies Act. However,
he seeks that the said illegality can be cured by granting regularization.
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Therefore, the present writ petition is to be rejected.
6.The learned Additional Government Pleader would oppose by
stating that in the present case, the provisions of the Tamil Nadu Urban
Local Bodies Act has no application since the subject building is falling
under the provisions of Tamil Nadu Panchayat Act, 1994. The subject
property is situated within the jurisdiction of Punganur Village
Panchayat and thus, Tamil Nadu Urban Local Bodies Act has no
application at all.
7.However, Section 135 of the Tamil Nadu Urban Local Bodies
Act is an enabling provision which is to be applied in exceptional
circumstances, which would not defeat the very purpose of the Act and
Rules so as to ensure that the buildings are constructed after obtaining
building plan permission from the competent authorities.
8.It is needless to say that conceptually under various provisions of
the Act, it is reiterated that no building must be constructed without prior
permission of the competent authority under the relevant provisions of
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the Act and Rules. Sub rule (1) to Rule 4 of Tamil Nadu Combined
Development and Building Rules 2019 in unequivocal terms mandates
that "no person shall carryout any development or construction of
building or structure, Subdivision, layout, reconstitution or amalgamation
of land or change of use of land or building without the written
permission of the competent authority".
9.Rule 22 of the said Rules deals with illegal developments. It
stipulates " if any construction or development is carried out illegally or
in deviation to the plan approved, the competent authority shall take
action against the constructions or developments as provided in the Act
and in the Rules".
10.Pertinently, Section 56 of the Town and Country Planning Act
reiterates where any development of land or building has been carried out
without permission required under this Act, then such illegal or
unauthorised developments must be demolished and the land must be
restored in its original position. Section 56(1) and 56(2) of the Town and
Country Planning Act reads as under:
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"56. Power to require removal of unauthorised
development.
(1)Where any development of land or building has been
carried out-
(a)without permission required under this Act; or
(b)in contravention of any permission granted or of any
condition subject to which permission has been granted; or
(c)after the permission for development of land or building has
been duly revoked; or
(d)in contravention of any permission which has been duly
modified, the appropriate planning authority may, within [***] [The
words 'within three years of such development' was deleted by Act No.
61 of 2008 w.e.f.10/12/2008.]serve on the owner, a notice requiring
him within such period, being not less than one month, as may be
specified therein after the service of the notice, to take such steps as
may be specified in the notice-
(i)in cases specified in clause (a) or (c) above, to
restore the land to its condition before the said development took
place;
(ii)in cases specified in clause (b) or (d) above, to
secure compliance with the permission or with the conditions of the
permission, as the case may be.
(2)In particular, any such notice may, for the purposes
aforesaid, require -
(i)the demolition or alteration of any building or works;
(ii)the carrying out on land, of any building or other
operations;
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(iii)the discontinuance of any use of land or building:
Provided that, in case the notice requires the discontinuance of
any use of land or building, the appropriate planning authority shall
serve a notice on the occupier also.
[(2-A) If the owner or occupier, as the case may be, of land or
building has not discontinued, the use of such land or building as
required in the notice served under subsection (1), within the time
specified therein, the appropriate planning authority if primafacie
satisfied, may take action to discontinue the use of such land or
building by looking and sealing the premises in such manner as may
be prescribed irrespective of pendency of any application under
section 49 or appeal under section 79 or any litigation before a court.
The owner or occupier, as the case may be, of such land or building
shall provide security for such sealed premises.][section (2-A) inserted
by Act No.61 of 2008 w.e.f.10.12.2008.]"
11.Holistic reading of Act and Rules applicable to urban and
panchayat areas in the matter of unauthorised constructions would be
sufficient to form an opinion that building constructions must be
undertaken only after obtaining building plan permission from the
competent authorities as stipulated in the applicable provisions of the Act
and Rules. Regularization or condonation or otherwise are only enabling
provisions and must be granted exceptionally in deserving cases where
an injustice has been caused. However, regularization cannot be claimed
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as an absolute right. It is not a vested right since the Act contemplates
that the building plan permission must be obtained prior to
commencement of construction. That being the objectives of the statue,
the same cannot be diluted by applying enabling provisions or the
provisions applicable to deal with exceptional circumstances.
12.The issues relating to unauthorised constructions are no more
res integra and the principles are well settled by the Hon'ble Supreme
Court in recent judgments. The unauthorised and illegal constructions
cannot be regularized in a routine manner by the authorities. The
unauthorised constructions are posing danger to the public and causing
environmental damages. Greedy men are emboldened to construct
buildings unauthorisedly in urban areas and recently in rural areas,
thereby, causing inconvenience to the neighbors and the road users in
that locality. These greedy men are converting the fertile lands as
concrete jungle, thereby, depriving other citizen to have peaceful living.
Therefore, strict actions are contemplated and the inaction of the
authorities at no circumstances be tolerated by the Courts. Authorities
failing in their duty to deal with the unauthorised constructions, must be
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subjected to departmental disciplinary proceedings since their inactions
are resulting in dereliction of duty, negligence warranting prosecution.
13.Regularization is an exemption and can never be claimed as an
absolute right. On the one hand the statute contemplates that a building
plan permission must be obtained before commencement of building.
Therefore, there cannot be any contra provision that such illegal
unauthorised construction must be regularized. If such a principle is be
applied it will result in an anomalous situation, where every person will
put up construction unauthorisedly and thereafter submit an application
to regularise and the very objective of the Act and Rules will be defeated.
14.The Hon'ble Supreme Court of India in the case of Rajendra
Kumar Barjatya and another Vs. U.P. Avas Evam Vikas Parishad and
others, reported in 2024 INSC 990 has issued directives in rem as
follows:
"20. In the ultimate analysis, we are of the opinion
that construction(s) put up in violation of or deviation
from the building plan approved by the local authority and
the constructions which are audaciously put up without any building
planning approval, cannot be encouraged. Each and every
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construction must be made scrupulously following and strictly
adhering to the Rules. In the event of any violation being brought to
the notice of the Courts, it has to be curtailed with iron hands and
any lenience afforded to them would amount to showing misplaced
sympathy. Delay in directing rectification of illegalities,
administrative failure, regulatory inefficiency, cost of construction
and investment, negligence and laxity on the part of the authorities
concerned in performing their obligation(s) under the Act, cannot be
used as a shield to defend action taken against the
illegal/unauthorized constructions. That apart, the State
Governments often seek to enrich themselves through the process of
regularisation by condoning/ratifying the violations and illegalities.
The State is unmindful that this gain is insignificant compared to the
long-term damage it causes to the orderly urban development and
irreversible adverse impact on the environment. Hence,
regularization schemes must be brought out only in exceptional
circumstances and as a onetime measure for residential houses after
a detailed survey and considering the nature of land, fertility, usage,
impact on the environment, availability and distribution of
resources, proximity to water bodies/rivers and larger public
interest. Unauthorised constructions, apart from posing a threat to
the life of the occupants and the citizens living nearby, also have an
effect on resources like electricity, ground water and access to roads,
which are primarily designed to be made available in orderly
development and authorized activities. Master plan or the
zonal development cannot be just individual centric but
also must be devised keeping in mind the larger interest of
the public and the environment. Unless the administration
is streamlined and the persons entrusted with the
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implementation of the act are held accountable for their
failure in performing statutory obligations, violations of
this nature would go unchecked and become more
rampant. If the officials are let scot-free, they will be
emboldened and would continue to turn a nelson’s eye to
all the illegalities resulting in derailment of all planned
projects and pollution, disorderly traffic, security risks,
etc.
21. Therefore, in the larger public interest, we are
inclined to issue the following directions, in addition to
the directives issued by this Court in Re: Directions in the
matter of demolition of structures (supra):
(i) While issuing the building planning permission,
an undertaking be obtained from the builder/applicant, as
the case may be, to the effect that possession of the
building will be entrusted and/or handed over to the
owners/beneficiaries only after obtaining
completion/occupation certificate from the authorities
concerned.
(ii) The builder/developer/owner shall cause to be
displayed at the construction site, a copy of the approved
plan during the entire period of construction and the
authorities concerned shall inspect the premises
periodically and maintain a record of such inspection in
their official records.
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(iii) Upon conducting personal inspection and
being satisfied that the building is constructed in
accordance with the building planning permission given
and there is no deviation in such construction in any
manner, the completion/occupation certificate in respect
of residential / commercial building, be issued by the
authority concerned to the parties concerned, without
causing undue delay. If any deviation is noticed, action
must be taken in accordance with the Act and the process
of issuance of completion/occupation certificate should be
deferred, unless and until the deviations pointed out are
completely rectified.
(iv) All the necessary service connections, such as,
Electricity, water supply, sewerage connection, etc., shall
be given by the service provider / Board to the buildings
only after the production of the completion/occupation
certificate.
(v) Even after issuance of completion certificate,
deviation / violation if any contrary to the planning
permission brought to the notice of the authority
immediate steps be taken by the said authority concerned,
in accordance with law, against the builder / owner /
occupant; and the official, who is responsible for issuance
of wrongful completion /occupation certificate shall be
proceeded departmentally forthwith.
(vi) No permission /licence to conduct any
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business/trade must be given by any authorities including
local bodies of States/Union Territories in any
unauthorized building irrespective of it being residential
or commercial building.
(vii) The development must be in conformity with
the zonal plan and usage. Any modification to such zonal
plan and usage must be taken by strictly following the
rules in place and in consideration of the larger public
interest and the impact on the environment.
(viii) Whenever any request is made by the
respective authority under the planning department/local
body for co-operation from another department to take
action against any unauthorized construction, the latter
shall render immediate assistance and co-operation and
any delay or dereliction would be viewed seriously. The
States/UT must also take disciplinary action against the
erring officials once it is brought to their knowledge.
(ix) In the event of any application / appeal /
revision being filed by the owner or builder against the
non-issuance of completion certificate or for
regularisation of unauthorised construction or
rectification of deviation etc., the same shall be disposed
of by the authority concerned, including the pending
appeals / revisions, as expeditiously as possible, in any
event not later than 90 days as statutorily provided.
(x) If the authorities strictly adhere to the earlier
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directions issued by this court and those being passed
today, they would have deterrent effect and the quantum of
litigation before the Tribunal / Courts relating to house /
building constructions would come down drastically.
Hence, necessary instructions should be issued by all the
State/UT Governments in the form of Circular to all
concerned with a warning that all directions must be
scrupulously followed and failure to do so will be viewed
seriously, with departmental action being initiated against
the erring officials as per law.
(xi) Banks / financial institutions shall sanction
loan against any building as a security only after verifying
the completion/occupation certificate issued to a building
on production of the same by the parties concerned.
(xii) The violation of any of the directions would
lead to initiation of contempt proceedings in addition to
the prosecution under the respective laws."
15.This Court also relied on the judgment of the Apex Court cited
supra and issued directives to the authorities to ensure enforcement
actions are initiated against all the unauthorized constructions
irrespective of the fact that whether there is a complaint pending or not.
The authorities are not expected to wait for the complaint from any
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person. They are duty bound to monitor the construction activities.
Field level officials must ensure that the buildings are constructed in
accordance with the building plan permission and the violations are to be
dealt with in accordance with law swiftly so as to avoid any further
controversy. Such violations must be identified at the initial stage of
construction, which would prevent financial and other loss to all
concerned.
16.In continuation of the judgment in the case of Rajendra
Kumar Barjatya and another Vs. U.P. Avas Evam Vikas Parishad and
others cited supra, the Hon'ble Supreme Court again reiterated the
principles in the case of Kaniz Ahmed Vs. Sabuddin and others reported
in 2025 INSC 610, wherein, the directions in rem issued in the case of
Rajendra Kumar Barjatya and another Vs. U.P. Avas Evam Vikas
Parishad and others has been reiterated. The High Court in it is order in
the case of Kaniz Ahmed Vs. Sabuddin and others issued the following
directions:
“21. Therefore, the police authorities are directed to
give notice to all the occupants to vacate the premises by
themselves by April 30, 2025. If any of them still continued to
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remain in occupation, they shall be evicted by deployment of
adequate police force and such process shall be completed by
not later than May 16, 2025. After the three floors are
vacated, the KMC authority shall initiate demolition
proceedings for which also the police authorities shall deploy
adequate police force and such demolition shall be completed
and a report be filed before this Court supported by
photographs on June 19, 2025. During the process of
vacating the occupants of the building as well as during the
process of demolition, the entire events shall be videographed
and such cost shall be borne by KMC.
22. Needless to state that this writ petition being a
public interest litigation, it goes without saying that not only
the construction, which has been put up by the private
respondents is to be dealt with, but the KMC authority should
also cause inspection of all the neighbouring properties and
if any violation is found, the above directions will apply
mutatis mutandis to such constructions as well. Of course,
action be taken after issuing notice to the owners/occupants
of those properties”.
17.The High Court in its judgment has stated that the writ petition
being a Public Interest Litigation, it goes without saying that not only the
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construction which has been put up by the private respondent is to be
dealt with but the authorities should also cause inspection of all the
neighboring properties and if any violation is found, the above directions
will apply mutatis mutandis to such constructions as well. Of course
action be taken after issuing notice to the owners/occupants of those
properties. Pertinently, such directions were already issued by the
Madras High Court in several judgments. Despite those judgments, the
authorities remain mute spectators and the inaction continues. They are
allowing the building owners to construct unauthorised construction
indiscriminately, thereby, causing prejudice to the interest of the
neighbors, road users and the citizen in general.
18.In this context, the Hon'ble Supreme Court reiterated that the
Courts must adopt a strict approach, while dealing with the cases of
illegal constructions and should not readily allow engage themselves in
judicial regularization of building erected without requisite permission of
the competent authority. The need for maintaining such a firm stand
emanates not only from inviolable duty cast upon the Courts to uphold
the rule of law but also such judicial restrain gains more course in order
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to facilitate the wellbeing of all concerned. The law ought not to have
come to rescue of those who flout it rigors as allowing the same might
result in flourishing culture of impunity. If the law where to protect the
ones, who endeavour to disregard it, the same would lead to undermine
the deterrent effect of law, which is in corner stone of just and orderly
society.
19.Pertinently, the Government of Tamil Nadu recently issued
G.O.(2D).No.15, Municipal Administration and Water Supply
Department, dated 01.03.2024, constituting High Level Monitoring
Committee to curb and monitor the unauthorized constructions. The said
order was issued in pursuance to the directives issued by the High Court
functions. Functions of the High Level Monitoring Committee are as
under:
"7.Functions of the above said High Level Monitoring
Committee will be as follows:-
a. The Committee shall prepare a Urban Local Bodies
level action plan for removal of the unauthorized
constructions, unauthorized construction of multi-storied
buildings and wrongful conversion of buildings into
commercial purpose and for effective implementation of the
various directions of the Hon'ble High Court as well as to
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monitor and prevent the violations under the relevant Acts /
Rules and report to the Chairperson.
b. The relevant Acts / Rules and the processes under these
acts shall be followed scrupulously while removing the
unauthorized / deviated structures.
c. The Committee shall monitor the inspection of violated
buildings, service of the notices for further enforcement
proceedings, the mode of service of the notices, issuance of
demolition and lock and seal order, maintenance of registers
and submission of monthly report to the Chairperson.
d. The Committee shall meet once in a month and submit
monthly report to Government."
20.It is not made clear by the respondents whether the High Level
Monitoring Committee is initiating all appropriate actions as directed by
the Government of Tamil Nadu. In essence, the efficient functioning of
the High Level Monitoring Committee is not made clear before this
Court. Unless the said Committee is made to function effectively, the
very objectives of the directives issued by the Apex Court and the High
Court will be futile exercise. In order to ensure effective
implementation, it is necessary to implead the Chief Secretary to
Government of Tamil Nadu, Fort St.George, Chennai - 9, as sixth
respondent in the present writ petition.
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21.Mr.M.Sarangan, the learned Additional Government Pleader
takes notice for the newly impleaded sixth respondent.
22.The Chief Secretary to Government of Tamil Nadu shall ensure
that the High Level Monitoring Committee meet once in a month as per
the Government orders and submit a monthly report to the Government.
The committee's functions must be periodically monitored by the
Government and any inaction must result in an appropriate action against
the authority who failed to implement the Government order and commit
a dereliction of duty.
23.In the present writ petition, regarding the facts of the present
writ petition, the respondents are directed to initiate enforcement action
by following the procedures as contemplated under the Act and Rules
and demolish the unauthorized constructions, if any, identified, within a
period of eight weeks from the date of receipt of a copy of this order.
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24.With the above direction, this writ petition stands disposed of.
There shall be no order as to costs. Consequently, the connected
miscellaneous petition is closed.
25.Registry is directed to list the matter on 07.08.2025 for
reporting compliance.
[S.M.S., J.] [A.D.M.C., J.]
10.06.2025
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
LR
To
1. The District Collector,
Tiruchirappalli District,
Tiruchirappalli.
2. The Tahsildar,
Srirangam Taluk,
Tiruchirappalli District.
3. The Block Development Officer,
Manikandam Union,
Tiruchirappalli District.
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4. The Village President,
Punganur Panchayat,
Tiruchirappalli.
5. The State of Tamil Nadu,
The Chief Secretary,
Fort St.George,
Chennai - 9.
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S.M.SUBRAMANIAM, J.
and
DR.A.D.MARIA CLETE, J.
LR
10.06.2025
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