(Order of the Court was made by the Acting Chief Justice) Mr.A.Nagarajan, learned counsel takes notice for the respondents.
2. The petitioners have filed this writ petition seeking issuance of a writ of Mandamus directing the respondents herein to de-seal the building situated at No.112, PRH Road, Vinayagapuram, Chennai 99, which was sealed on 28.12.2016 to enable the petitioners to carry out the rectifications and restore the building as per permissible planning rules and regulations.
3. It is the case of the petitioners that they are joint owners of the building. It is alleged that the respondent authorities, without verifying the age of the building, issued a lock and seal notice on account of deviations and violations in construction and thereafter proceeded to lock and seal the premises. It is stated that the petitioners preferred an appeal under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 and the same is pending consideration. The petitioners also made a representation to the respondent authorities seeking to de-seal the premises to carry out the rectifications and to restore the building as per the permissible planning rules and regulations. However, no orders were passed on the same. Hence, the present writ petition.
4. Considering the facts and circumstances of the case, we are of the considered view that interest of justice would be subserved if the petitioners are given an opportunity to rectify the defects pointed out by the respondents within a reasonable time. Therefore, we direct the respondent authorities to remove the lock and seal put on the premises within a period of one week from the date of receipt of a copy of this order and thereafter, it is for the petitioners to rectify the defects pointed out by the respondent authorities within a period of two months. On satisfactory compliance by the petitioners, it is for the respondent authorities to take a final decision in the matter in accordance with law. Till then, no coercive action shall be taken against the petitioners. We make it clear that the petitioners shall not occupy the building until the deviations are rectified and the building is held to be in conformity with the building plan.
The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.6709 of 2017 is closed.
(H.G.R., ACJ.) (T.K.R., J.) 15.03.2017 Index : No Internet : Yes sasi To:
1 The Commissioner Corporation of Chennai Rippon Building Chennai - 600 003.
2 The Executive Engineer Zonal Office III, Corporation of Chennai No.1, Thattan Kulam Street, Bazaar Road Madavaram, Chennai 60.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.6216 of 2017 15.03.2017 http://www.judis.nic.in