Satish K. Agnihotri, J.

1. Mr. K. Magesh, learned Standing Counsel, accepts notice for respondents 1 and 2. Mr. S.K. Rameshwar, learned Standing Counsel, accepts notice for the third respondent.

2. The second respondent, viz., the Assistant Commissioner, Coimbatore Corporation, issued notice dated 01 March 2016 to the petitioner, whereby and where under, the petitioner has been called upon to demolish the building in question as the same has been constructed without any permission. The instant writ petition is filed seeking a writ of mandamus forbearing the respondents, their officials and subordinates from initiating any coercive action in respect of the premises bearing Door No.124, DPF Street, Ramasamy Layout, Pappanaickenpalayam, Coimbatore 641 037, till the disposal of the revised plan to be submitted by the petitioner to the first respondent.

3. The learned Senior Counsel appearing for the petitioner, referring to Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 (for short T&P Act, 1971), would submit that if the building in question has been constructed without permission, the petitioner is entitled to make an application for approval of the plan. Thus, time be granted to the petitioner to submit a revised plan for approval. In the meantime, the notice dated 01 March 2016 be not given effect to.

4. The learned Standing Counsel for the respondent-Coimbatore Corporation would submit that the petitioner is not entitled to submit any revised plan, particularly, when the building was constructed without any permission. In the event, there is any modification in the building which is constructed after proper planning permission, the application is permissible for revised approval. In the case on hand, the entire premises has come up without any approval.

5. We have heard the learned counsel for the parties, perused the pleadings and documents appended thereto.

6. The indisputable facts as evinced from the pleadings and submissions are that the petitioner has constructed a building bearing No.124, DPF Street, Ramasamy Layout, Pappanaickenpalayam, Coimbatore to an extent of 3800 sq.ft, comprising of ground plus two floors and let out the same on lease for commercial purpose. According to the petitioner, the building was constructed in the year 2007 and is also assessed to property tax. On inspection, it was found that the building in question, which was let out for commercial purpose, was never granted any permission. Accordingly, the second respondent has served a notice dated 1st March, 2016, in exercise of power under the provisions of Section 296(1), (2) and 281(1), (2) of the Coimbatore City Municipal Corporation Act, 1981, seeking correction of the building. The petitioner was also called upon to lock and seal the building in question as required under Section 56(2-A) of the T&P Act, 1971, as the petitioner had failed to obtain prior permission as required under the provisions of law. The first respondent Commissioner informed the third respondent that the premises in question was never assessed to any property tax and the building was fully unauthorised.

7. To appreciate the controversy involved in this case, it is proper to extract the relevant rules as under:

"Section 56 of the Tamil Nadu Town and Country Planning Act, 1971:

Power to require removal unauthorised development:

(1) Where any development of land or building has been carried out:-

(a) without permission required under this Act;

(b) in contravention of any permission granted or of any condition subject to which permission has been granted;

(c) after the permission for development of land or building has been duly revoked;

(d) in contravention of any permission which has been duly modified, the appropriate planning authority may within three years of such development, serve on the owner, a notice requiring him within such period, being not less than one month, as may be specified therein after the service of the notice, to take such steps as may be s