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2019 DIGILAW 335 (MAD)

K. N. Sathiyabama v. Secretary to Government, Housing and Urban Development Department, Chennai

2019-02-01

K.K.SASIDHARAN, P.D.AUDIKESAVALU

body2019
ORDER : K.K. SASIDHARAN, J. The challenge in this Writ Petition is to the notice dated 23 April, 2018, issued by the Nagercoil Local Planning Authority initiating enforcement action against the unauthorized construction put up by the petitioner. 2. The petitioner appears to have constructed a commercial building in total violation of the approved plan. The Local Planning Authority, after inspection, issued the impugned notice. The enforcement action was kept in abeyance on account of the pendency of the proceedings for regularisation of construction. 3. The Nagercoil Local Planning Authority considered the proposal made by the petitioner and ultimately, it was rejected. The Local Planning Authority took further action for enforcement. The building was locked and sealed and an action taken report was filed before this Court. 4. The learned Senior Counsel for the petitioner, by placing reliance on an affidavit filed by the petitioner, submitted that there are three functions already booked by the petitioner on 06 February, 2019, 10 February, 2019 and 16 February, 2019. The learned Senior Counsel submitted that a direction should be issued to the Local Planning Authority to de-seal the premises on these three occasions. The learned Senior Counsel further submitted that immediately after the function, it is open to the authority to seal the building once again. 5. The Member Secretary, Local Planning Authority, who is present in Court, submitted that the Kalyana Mandapam would be sealed only today, as there is a function. 6. There is no dispute that the building in question was constructed in violation of the approved plan. The Local Planning Authority, therefore, rightly took enforcement action. The petitioner has made a request to de-seal the Kalyana Mandapam to Honour the bookings made on 06 February, 2019, 10 February, 2019 and 16 February, 2019. The petitioner has also produced the invitations for the marriage on 06 February, 2019 and 10 February, 2019 and the Inaugural function of the International Centre for Gandhian Thoughts scheduled to be held on 16 February, 2019. We are, therefore, of the view that an equitable order should be passed in this matter, taking into account the specific request made by the petitioner. 7. The invitations produced by the petitioner indicate that the reception is on 05 February, 2019 and the marriage function is on 06 February, 2019. We are, therefore, of the view that an equitable order should be passed in this matter, taking into account the specific request made by the petitioner. 7. The invitations produced by the petitioner indicate that the reception is on 05 February, 2019 and the marriage function is on 06 February, 2019. We, therefore, direct the Local Planning Authority, to de-seal the Sarvamangala Auditorium at 10.00 a.m., on 05 February, 2019. The building shall be sealed after the closure of the function by 05.00 p.m., on 06 February, 2019. 8. The second function is on 10 February, 2019. We direct the Local Planning Authority to de-seal the premises at 10.00 a.m., on 09 February, 2019 and seal it after the function by 05.00 p.m., on 10 February, 2019. 9. The Inaugural function of the International Centre for Gandhian Thoughts is at 10.00 a.m., on 16 February, 2019. We direct the Local Planning Authority to de-seal the Sarvamangala Auditorium at 05.00 p.m., on 15 February, 2019 and lock and seal it by 05.00 p.m., on 16 February, 2019. The rent collected for the functions on 06 February, 2019, 10 February, 2019 and 16 February, 2019 shall be deposited with the Local Planning Authority on or before 10.00 a.m., on 05 February, 2019, which is a condition precedent for opening the Sarvamangala Auditorium in connection with the functions on 06 February, 2019, 10 February, 2019 and 16 February, 2019. 10. We make it clear that this direction is given on account of the reservations made prior to sealing the premises and as such, no further request for similar relief would be entertained. 11. We permit the Local Planning Authority to proceed with the enforcement action in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971. 12. The learned Senior Counsel for the petitioner submitted that the petitioner should be permitted to avail the statutory remedy available. It is always open to the petitioner to approach the appropriate authority for relief. However, we make it clear that no interim order shall be passed by the statutory authorities without discussing the merits of the matter. The authorities shall also take note of the order passed by this Court dated 31 January, 2019, in W.P.(MD)No.11411 of 2018. 13. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.