The need for timely disposal of Review Petitions and the authority's power to order the disconnection of utilities in cases of unauthorized construction.

M. Venugopal, J.

1. Heard the Learned Counsel for the Petitioner and the respective Learned Counsel appearing for the Respondents.

2. According to the Second Respondent/Commissioner, Greater Chennai Corporation, a letter was addressed to the Inspector of Police, Velachery to provide protection to the officials of the Corporation for sealing the premises at door No.7/15, Survey No.129, Karunambigai Colony, Velachery, Chennai-42 on 19.3.2018 and that the building would be locked and sealed at the earliest.

3. In this connection, the Learned Counsel for the Fourth Respondent submits that a Review Petition is filed before the Secretary to Government of Tamil Nadu, Housing and Urban Development Department on 10.1.2018 and that the same is pending as on date.

4. In this connection, it may not be out of place for this Court to make a pertinent mention that in W.P.No.3546 of 2018, this Court, by means of an Order dated 19.2.2018 with reference to the provisions of the Tamilnadu Land Encroachment Act, 1905, had observed the following :

"7. Before parting with the case, this Court points out that where the impugned order assails the notice issued under Section 7 of the Tamil Nadu Land Encroachment Act (Act-III) of 1905, the petitioner has a right to furnish the reply to the said notice and after hearing the parties and the complainant, if any, necessary orders will have to be passed by the competent authority under Section 6 of the said Act. Against this order passed under Section 6, an appeal is provided under the said Act. Also that, if the appeal under Section 10 of the Act, 1905, is not filed by the aggrieved person, then, the filing of the Writ Petition without exhausting effective, efficacious, viable and alternative remedy, is a premature and otiose one, in the considered opinion of this Court. Further, if the reply is given, the petitioner must file necessary proof. If the said reply is not referred to in the order passed under Section 6 of the Act, or if there is no reference to the fact that no reply was filed by the petitioner, or if any proof for sending the reply or acknowledgement is not filed, the Office of the Registry of this Court may ask for necessary details from the petitioner prior to the numbering of the Writ Petition. Further, the authorities must ensure that the final order passed by them refers to the reply, if any filed by the person who received the notice under Section 7 of the Act, and if the same is not adverted to in the order passed by the authority, then as against the erring/deviant authority, necessary departmental action may be taken against him for his lapse/dereliction in regard to the discharge of his duties. The Registry is directed to comply with these directions in future, when the Writ Petitions are filed challenging the notices/orders passed under the provisions of the Tamil Nadu Land Encroachment Act."

5. Besides the above, in W.P. No. 21239 of 2005, etc., batch, by an order dated 18.12.2017, in which, one of us [S. Vaidyanathan, J], is a Member had observed the following, as regards the procedures to be followed by the Authorities, who conduct summary proceedings :-

"6. This Court makes it further clear that the 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