(Order of the Court was made by the Acting Chief Justice) Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for the first respondent. Mr.K.Rajasrinivas, learned counsel takes notice for the second respondent. Mr.V.C.Selvasekar, learned counsel takes notice for the respondents 3 to 5.
2. It appears that the petitioner has obtained the property in question under a lease from the Hindu Religious and Charitable Endowments Board and the land belongs to a temple. As the existing structure was old and dilapidated, the petitioner replaced it with a pucca construction. The respondent authorities issued lock and seal notice and de-ocupation notice. Assailing the same, the petitioner preferred an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971. The said appeal was rejected on the ground that the petitioner himself admitted that the property was redeveloped without obtaining any plan approval. Challenging the order rejecting the appeal, the present writ petition is filed.
3. It is the case of the petitioner that before rejecting the appeal filed by the petitioner, the respondent/authorities have not afforded him an opportunity of hearing and, therefore, the impugned order is liable to be set aside on the sole ground of violation of principles of natural justice. He further submits that the petitioner may be given an opportunity to put forth his case along with all relevant documents, including No Objection Certificate from the temple authorities.
4. On hearing the learned counsel for the parties, we direct the first respondent to re-examine the appeal filed by the petitioner under Section 80A of the said Act and pass appropriate orders in accordance with law, after affording an opportunity of hearing to the petitioner. The petitioner is granted fifteen days time to put forth his case with all relevant documents, including his right over the temple property, and the first respondent shall pass appropriate orders fifteen days therefrom. The impugned order dated 15.2.2017 is modified in terms of the directions passed hereinabove.
The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
(H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 Index : No Internet : Yes sasi To: