MADURAI: The Madurai Bench of the Madras High Court recently emphasised that construction should proceed only after obtaining prior building plan approval from the competent authority, and the authorities have no power or jurisdiction to grant approvals post-construction.
A bench comprising justices S M Subramaniam and G Arul Murugan made the observation while dismissing a petition filed by P Mohan.
The petitioner challenged an order passed by the executive officer of Palayam town panachayat, rejecting his application seeking approval after the construction of a building.
The judges criticised the practice of filing petitions to delay enforcement action against unauthorised constructions, and observed that high courts should deal with such petitions with an iron fist.
Though the petitioner relied on Section 135 (3) of the Local Bodies Act, which stated that the commissioner may grant permission after collecting necessary fee and penalty, the judges observed that the provision should be read along with Section 5 to 133 of the Act, which stated that
“the construction, reconstruction or demolition of a building shall not begin unless and until the commissioner has granted permission for the execution of the work.”
A holistic reading of the provisions of the Tamil Nadu Urban Local Bodies Act, Tamil Nadu Town and Country Planning Act, and the Tamil Nadu Combined Development and Building Rules, 2019, clarifies that any development of the building is to be made only after obtaining the building plan approval, the judges added.
PIL against DGP appointment binned
Chennai: The Madras High Court on Thursday dismissed a PIL petition against the appointment of R Venkataraman as the DGP in-charge. Stating that the Supreme Court had directed the UPSC to expedite the process of sending recommendations for the regular appointment of the DGP, the first bench of Chief Justice Manindra Mohan Shrivastava and justice G Arul Murugan observed that the plea was filed without any basis.
It commented that some arrangements could have been made when the DGP demitted office. The petition was filed by advocate A Varadaraj alleging the government failed to follow the directions issued by the SC regarding appointment of DGPs.
CBI reply sought on plea against MP
Chennai: The first bench of the Madras High Court on Thursday directed the CBI to file reply in a week to a PIL petition filed by Tirunelveli BJP functionary Venkatachalapathy seeking a probe into the alleged disproportionate assets of Ramanathapuram MP Navaskani of Indian Union Muslim League.
He noted that the MP had shown assets worth Rs 19.71 crore in the name of his wife and son in the nomination papers in 2019 elections whereas, he showed the assets worth Rs 40.62 crore in the papers filed for the 2024 polls. The petitioner sought the court to issue orders for a CBI probe into the matter.