Raze buildings that violate sanctioned plan: Madras High Court

“There cannot be any smoke without fire. There must be a complaint and in the present days, we cannot expect the authorities on their own, to go and inspect the place and point out mistakes and ask the violators to rectify the same, unless the visit is beneficial to them,” a division bench comprising Justice M Venugopal and Justice S Vaidyanathan observed, while disposing of a plea moved by MPT Educational and Welfare Trust, Chidambaram. 

“If there is any complaint, the writ petitioner shall make the complainant as party-respondent or shall make an averment in the petition that there is no complainant. Later, if it is found that there is a complaint and that the writ petitioner, being aware of the same, has not impleaded the complainant as a party, then it should be construed that the writ petitioner has approached the court with unclean hands,” the bench warned.

The bench in its order also directed the registry not to number writ petitions pertaining to encroachment, unauthorised and illegal constructions if the writ petitioners make an averment in the affidavit regarding the complaint, if any made by the complainant and if the complainant is available, but not included as a party. However, in matters pertaining to encroachment, the bench also held that the encroacher will not be entitled to any regularisation of the building and for making a false averment, apart from perjury, the building must be razed to the ground. Till the issue is resolved, the electricity connection of the building will be suspended, for making false statement, the bench added. 

As regards the plea moved by the school, the division bench on directing the State to dispose of the said appeal within 30 days, said, “As the petitioner trust is an educational institution, we expect the petitioner to comply with the law and construct the building in accordance with the sanctioned plan, with proper setbacks as required, as we do not want to witness yet another Kumbakonam school fire accident.” If the building is not constructed as per plan, it is open for the authorities to take action,” the bench said.”