The central legal point established in the judgment is the importance of compliance with construction rules and regulations under the Town and Country Planning Act, and the provisions for restoration of land and building in case of violations.

M. Venugopal, J.

1. The Petitioner has preferred the instant Writ Petition praying for passing of an order by this Court in calling for the records pertaining to the impugned order issued by the Third Respondent in Form-II in Na.Ka.No.1714/2013/F1 dated 06.04.2015 and to quash the same. Further, she has prayed for passing of an order by this Court in forbearing the Respondents from proceeding further based on the notice issued in Na.Ka.No.1714/2013/F1 dated 20.03.2015 pending consideration of application for plan approval and permission dated 10.04.2015 submitted by her.

2. According to the Petitioner, her husband Sethuraman suddenly died in the year 2000 when she was 32 years old, leaving herself and her daughter Sridevi aged 11 years. It is her case that she is residing in the house constructed in the land comprised in T.S.No.300 measuring an extent of 1992 sq. ft. with ground floor and first floor. In fact, the house property is a joint family property purchased by her father-in-law Ramakrishnan in the year 1978. Subsequent to the demise of her husband in the year 2000, as per Registered Partition Deed dated 14.08.2004 based on which house property in T.S.No.300 was allotted to her. As such, she is the owner of the property in possession and title over the same.

3. It is the plea of the Petitioner that since the building become old and dilapidated and with a view to repair and reconstruct the building, when she proceeded with the construction, the Third Respondent/Mayiladuthurai Municipality issued notice under Section 216 of the Tamil Nadu District Municipalities Act at the instance of one Nallusamy who is the owner of the neighbour. Further, he had filed the Civil Suit before the District Munsif Court, Mayiladuthurai where interim order was granted, however, in the appeal preferred by her, the Principal District Court, Mayiladuthurai reversed the order of the Trial Court.

4. In the aforesaid backdrop, she submitted an application for plan approval and building permission before the Third Respondent/Municipality. As a matter of fact, the said Nallusamy who filed the Civil Suit preferred a Writ Petition before this Court to take action and proceed against the construction carried out by her. The said Writ Petition No.33417 of 2014 came to be ordered on 25.03.2015 in directing the Third Respondent/Municipality to take action on merits and in accordance with law within the statutory period prescribed in the Tamil Nadu Town and Country Planning Act.

5. It transpires that the application for plan approval submitted by the Petitioner was returned and rejected by the Third Respondent/Municipality as per proceedings dated 18.02.2015. Consequently, the Third Respondent had issued proceedings in Form-I dated 20.03.2015 under Sections 56 & 57 of the Tamil Nadu Town and Country Planning Act, 1971, to stop construction and to discontinue the usage of building where she is residing with her daughter. Further, she made an application before the Second Respondent/Deputy Director of Town and Country Planning, Thanjavur District, Thanjavur seeking permission and approval by submitting copy of the plan and other required particulars and for retention of the land and building and for continuance of the use of the land and building.

6. It is contended on behalf of the Petitioner that she made an application under Section 49 of the Act on 10.04.2015 soon after receipt of notice dated 20.03.2015 from the Third Respondent. The said application was filed in terms of Section 56(3) of the Tamil Nadu Town and Country Planning Act. Also that, the application was submitted to the Second Respondent through Third Respondent/Municipality.

7. When that be the fact situation, the Third Respondent/Municipality had issued notice in Form II under Sections 56 & 57 of the Act calling upon the Petitioner to submit plan approval for the building within a period of 30 days from the date of receipt of notice, failing which, the building would be locked and sealed