(Order of the Court was made by the Acting Chief Justice) Mr.R.Vijayakumar, learned Additional Government Pleader takes notice for all the respondents.
2. The petitioner has filed the writ petition seeking to quash the locking and sealing notice issued by the sixth respondent dt. 30.11.2016 and consequently, direct the sixth respondent to remove the lock and seal put up at the premises situated in Old S.No.108/6, Patta No.691, as per patta New S.No.108/611B2, Muttukadu village, Thiruporur Taluk, Kancheepuram District.
3. It is the case of the petitioner that the petitioner is the absolute owner of the land situated at Muttukadu village, Tiruporur Taluk, Kancheepuram District comprised in Old S.No.108/6, New S.No.108/611B1B and 108/611B2 measuring an extent of 50 cents. After obtaining plan approval, the petitioner has put up construction thereon. In W.P.No.38272 of 2015 filed by one Anand J.Danani, it was alleged that the petitioner herein has put up illegal unauthorised construction. By order dated 10.11.2016, the said writ petition was disposed of with a direction to the sixth respondent herein to issue lock and seal notice. Pursuant to the order made in the aforesaid writ petition, the lock and seal notice was issued by the sixth respondent and the sixth respondent has also effected locking and sealing of the building. According to petitioner, pursuant to the planning permission and building permit granted by the second respondent, they had put up construction. Hence, the present writ petition is filed seeking the relief stated supra.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
5. The main contention of the petitioner is that no notice was served before issuing locking and sealing notice, despite the fact that the petitioner had obtained plan approval/ No Objection Certificate from Muttukadu Village Panchayat. The stand of the petitioner is that the locking and sealing notice issued by the sixth respondent is without any authority of law and prays for quashing of the same.
6. We find that the proper authority for issuing No Objection Certificate is the Member Secretary, Local Planning Authority, Mamallapuram/sixth respondent and Muttukkadu Village Panchayat/second respondent has no jurisdiction to issue such certificate in favour of the petitioner. Therefore, the No Objection Certificate issued by Muttukadu Village Panchayat is non-est in the eye of law.
7. In such circumstances, without expressing anything on merits of the matter, we direct the petitioner to approach the sixth respondent for according sanction of the building plan by submitting an application with plan within a period of two weeks from the receipt of the copy of this order. On receipt of such application with plan, the sixth respondent to consider the same in accordance with law within a period of two months thereafter. It is made clear that till the disposal of the said application, petitioner shall not put up any construction.
8. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.Nos.6085 & 6086 of 2017 are closed.
(H.G.R., ACJ.) (M.S., J.) 08.03.2017 Index : Yes/No Internet : Yes bbr To:
1 The Director Town and country Planning Authority 4th Floor, Chengalvarayan Building, No.807 Anna Salai. Chennai 600 002.
2 The President, Thiruporur Panchayat Union Muttukadu 603 112.
3 The Member Secretary Tamilnadu Coastal Regulatory Zone Management Authroity and Director of Environment Ground Floor, Panagal Building, Saidapet, Chennai-18.
4 The District Coastal Zone Management Authority rep. by District Environment Engineer Tamilnadu Pollution Control Board Maraimalai Nagar Kancheepuram District.
5 The Government of Tamilnadu rep. by its Secretary Department of Environment Fort St. George, Chennai-9.
6 The Member Secretary Local Planning Authority Mamallapuram Kancheepuram District 603 104.
HULUVADI G.RAMESH,ACJ.
AND M.SUNDAR,J.
bbr W.P.No.5696 of 2017 08.03.2017 http://www.judis.nic.in