S. Bakthavatchalam v. District Collector, Cantonment, Trichy District
2014-08-28
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : R. Mahadevan, J. 1. W.P(MD)No.12286 of 2014 has been filed praying that this Court may be pleased to issue a writ of Certiorari to call for the records pertaining to the impugned notice issued to the petitioner by the fourth respondent in his proceedings in Na.Ka.No.340/2014, TheVuTheKu 3 dated 17.07.2014 and quash the same. 2. W.P(MD)No.12287 of 2014 has been filed praying that this Court may be pleased to issue a writ of Certiorari to call for the records pertaining to the impugned notice issued to the petitioner by the fourth respondent in his proceedings in Na.Ka.No.340/2014, TheVuTheKu 3 dated 17.07.2014 and quash the same. 3. The grievance of the petitioners is that the fourth respondent had issued the impugned notice, dated 17.07.2014, stating that since the petitioners had not obtained the approval from the Local Planning Authority, action would be taken under Sections 56(2A) and 57 of the Tamil Nadu Town and Country Planning Act, 1971, to lock and seal the premises concerned. According to the petitioners, their premises were locked and sealed by the authorities pursuant to the said impugned notice. Challenging the same, they have come forward with the present writ petitions. 4. Heard Mr. N. Thiyagarajan, learned Senior Counsel appearing on behalf of Mr. J. Sivaram, learned Counsel for the petitioner, Mr. M. Govindan, learned Special Government Pleader appearing for the respondents 1, 3 and 4 and Mr. N.S. Karthikeyan, learned Additional Government Pleader appearing for the second respondent. 5. At this stage of the hearing of the writ petitions, the learned Senior Counsel appearing on behalf of the petitioner in both the petitions, submitted that the revised plans had been submitted for consideration of the respondents and that the petitioners also undertook not to continue any construction activities. The petitioners had also filed the additional affidavits to that effect. The said additional affidavits are placed on record. 6. On the basis of the additional affidavits now filed before this Court, the learned Special Government Pleader appearing for the respondents 1, 2 and 4, agrees to remove the seal in the building concerned. 7. We make it clear that the petitioners shall not indulge in any further construction activities until the revised plans submitted by them, are considered and appropriate orders are passed by the authorities concerned. 8. With the above observation, both the writ petitions are disposed of.
7. We make it clear that the petitioners shall not indulge in any further construction activities until the revised plans submitted by them, are considered and appropriate orders are passed by the authorities concerned. 8. With the above observation, both the writ petitions are disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.