Officials Ignoring Illegal Constructions Must Face Disciplinary Action: Madras High Court
The Madras High Court, Madurai Bench has directed the Tiruchirappalli district administration to demolish a rice mill illegally constructed without building plan approval in a village under Srirangam Taluk.
The rice mill, built by one D. Kesavan in Thayanur Group, Punganur Village, was the subject of a writ petition filed by local resident M. Daniel Simiyon Sudan. The petitioner alleged that the mill was erected without proper permissions and, despite repeated complaints, the authorities had failed to act.
In a strongly worded judgment, the bench of Justices S.M. Subramaniam and A.D. Maria Clete not only ordered the demolition of the unauthorized construction but also pulled up local officials for inaction.
“Authorities failing in their duty to deal with the unauthorised constructions must be subjected to departmental disciplinary proceedings,” the court stated, underscoring that such negligence amounted to dereliction of duty.
The private respondent admitted that the construction lacked the required approvals but sought to regularize it under Section 135 of the Tamil Nadu Urban Local Bodies Act. Court rejected this plea, noting that the rice mill is situated in a Panchayat area governed by the Tamil Nadu Panchayat Act, 1994, making the cited provision inapplicable.
Quoting extensively from recent Supreme Court rulings, including Rajendra Kumar Barjatya vs. U.P. Avas Evam Vikas Parishad and Kaniz Ahmed vs. Sabuddin, the bench emphasized that unauthorized constructions are illegal irrespective of later applications for regularization. “Regularization is an exception and can never be claimed as an absolute right,” the order reiterated.
The high court directed that action must be taken even in the absence of specific complaints, urging authorities to actively monitor and curb illegal developments.
"The authorities are not expected to wait for a complaint from any person against illegal constructions. 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," court said.
It expressed concern over growing disregard for planning laws and the rampant conversion of agricultural lands into concrete structures, reiterating that it is “a threat to public welfare and environmental balance".
Recently, the Government of Tamil Nadu in March 2024 constituted a High-Level Monitoring Committee to curb and monitor unauthorized constructions.
The division bench impleaded the Chief Secretary to the Government of Tamil Nadu as a party to the case and directed him to ensure effective functioning of the High-Level Monitoring Committee. The committee must meet monthly, and any inaction should trigger disciplinary action, the court ordered.
In the case at hand, court directed the authorities to initiate enforcement action and demolish the illegal structure within eight weeks and file a compliance report by August 7, 2025.
Case Title: M.Daniel Simiyon Sudan vs. The District Collector, Tiruchirappalli District and Others
Download order here