(Order of the Court was made by M.SATHYANARAYANAN, J.) By consent, this Writ Petition is taken up for final disposal.
2. The petitioner said to have purchased land admeasuring to an extent of 695.5 sq.ft. in Old No.59, New No.21, Oragadum Village, Ambattur Taluk, Thiruvallur District through registered Sale Deed dated 26.12.2014 bearing Doc.No.17903/2014 on the file of the Sub-Registrar Office, Ambattur. The petitioner would aver that for the purpose of putting up construction, he has approached the third respondent for obtaining planning permission and it was refused on the ground that the area of land is less than 860 sq.ft and the petitioner enquired with the neighbouring land owners in the locality and they informed that they have not obtained planning permission for their respective houses and there is no need to obtain planning permission and accordingly, he has started putting up construction and the superstructure has also been subjected to statutory levies.
3. The learned counsel appearing for the petitioner would submit that to the shock and surprise, he has been issued with a stop work notice dated 12.01.2017 and also issued with de-occupation notice by the third respondent dated 02.05.2017 under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 and all of a sudden, the premises has been put under lock and seal and therefore, he is unable to remove essential articles from his house and prays for appropriate orders.
4. Heard Mr.A.N.Thambidurai, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.V.C.Selvasekaran, learned counsel who accepts notice on behalf of the respondents 2 and 3.
5. This Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the third respondent to remove the seal in the premises in question on 11.08.2017 between 11.00 a.m. and 6.00 p.m. for removal of essential articles by the petitioner and photograph/videograph shall be taken by the officials of the Corporation while the petitioner undertakes the said exercise and after 6.00 p.m., the premises in question shall be once again sealed by the third respondent and it is subject to the disposal of the Special Revision filed by the petitioner before the first respondent. The petitioner is also at liberty to file a Miscellaneous Petition, in the pending revision, under section 80A(iii) of the Town and Country Planning Act, 1971, praying for appropriate interim orders. The first respondent shall entertain the Special Revision along with the Miscellaneous Petition if the papers are otherwise in order and shall take up either the main revision or the miscellaneous petition and give disposal in accordance with law within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
[M.S.N., J.] [N.S.S., J.] 07.08.2017 Index : Yes / No Internet : Yes / No jvm Note: Issue order on 09.08.2017 To
1.The Secretary, Housing & Urban Development Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.
3.The Executive Engineer, Zone VII, Corporation of Chennai, Ambathur, Chennai-600 053 M.SATHYANARAYANAN, J., and N.SESHASAYEE, J.
jvm W.P.No.20832 of 2017 WMP.No.21691 of 2017 07.08.2017