The importance of involving complainants in proceedings, compliance with sanctioned plans and setbacks, and the consequences of making false averments.

S. Vaidyanathan, J.

1. The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Mandamus to direct the first respondent herein to consider and dispose of the petitioner's Appeal dated 03.01.2018 filed against the proceedings dated 27.12.2017 of the second respondent herein in Na.Ka.No.798/2017/Villupuram in respect of the petitioner's building at Re-Survey No.1/1 of C. Thandeswaranallur Village, Chidambaram.

2. Based on the complaint given by one Kumar, who has not been made as a party to this Writ Petition, the authorities have inspected the place in question and found that there are violations. Admittedly, there is violation with regard to the third floor and that there is stilt floor, which has been disputed by the petitioner stating that in view of the rains and flooding in the area, the ground floor has been raised by 7 feet, which has been considered by the authorities as the stilt floor. Admittedly, no one can enter into the place and it is fully covered and it is only foundation. It is further submitted that there are no violations and if there are any violations, the same could be rectified by the petitioner. The petitioner has also stated that the plan has been granted only for ground and two floors.

3. It is further submitted that approval has been granted by the second respondent, but unfortunately, lock and seal notice under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, has been issued by the second respondent. It is further stated that the petitioner has preferred Appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act on 03.01.2018, which is pending.

4. This Court has repeatedly pointed out that when there is a complaint, the complainant also has to be made as a party to the proceedings. The complainant shall also be heard, as he is a person who can bring to the attention of the authorities about the violation of the Plan. In this case, the order that is now going to be passed directing the Appeal to be disposed of, is not going to prejudice the complainant and when he is made as a party, a direction will be given to dispose of the Appeal within a period of 30 days from the date of receipt of a copy of this order.

5. One of us (S. Vaidyanathan,J.) had an occasion to consider the procedures to be followed by the authorities while deciding the Appeal under the Town and Country Planning Act, 1971, in a decision rendered in W.P.No.21239 of 2005, etc. batch (B.Ramesh vs. Secretary to Government), by an order dated 18.12.2017, relevant portion of which, is extracted below:

"6. This Court makes it clear that regularisation proceedings shall be conducted by the respondents after hearing necessary parties who are likely to be affected and if there are complainants, they should also be heard. Whenever parties appear, the applicants as well as the complainants shall be heard and the conduct of the proceedings should be written down by the officer concerned who is hearing the matter, and he shall obtain signatures in the proceedings after recording the submissions if any made. It is like summary proceedings. The documents filed by the parties need to be given Exhibit numbers. A copy of the proceedings shall be furnished immediately thereafter to the parties concerned to avoid unnecessary allegation against the officials that the records have been manipulated. The authority concerned shall seek for written submissions from the petitioners/applicants/complainants within a time frame and thereafter, the authority shall pass appropriate orders within thirty days in accordance with law. This Court makes it clear that the authority shall not advise any of the parties with regard to the issue that is being heard and that if there are no set-backs, and if there is violation with regard to the construction, the request of the applicants/petitioners has got to be rejected. It is further made clear that the set-backs shall not be regularised. It is open for t