This Second Appeal is directed against the decree and judgment dated 19.04.1993 in A.S.No.213 of 1992 of the VI Additional Judge, City Civil Court, Madras, in confirming the decree and judgment passed on 18.12.1990 in O.S.2533 of 1988 by the IV Assistant Judge, City Civil Court, Madras.

2. While admitting the Second Appeal, the following substantial question of law was framed:

"When application to regularise unauthorised construction has been refused by an order dated 5-4-1988, and there was not even a further appeal to the Government, are the Courts below right in granting the prayer in the suit?"

3. The suit was for declaration that notice dated 21.02.1988 issued to one Padmanabhan, father of plaintiffs under section 56 of Tamil Nadu Act 35 of 1972 (Tamil Nadu Town and Country Planning Act, 1971) as illegal and for permanent injunction not to demolish the suit building by virtue of the above said notice. The suit was decreed by both the courts below.

4. It is not in dispute that the suit land belongs to the plaintiffs by virtue of a sale deed in their favour dated 15.12.1986, marked as Ex.A-5. Admittedly, the plaintiffs have constructed ground floor and three floors in t