Violation of planning laws and unauthorised construction can lead to dismissal of petitions and legal actions.

JUDGMENT :

M. Sathyanarayanan, J.

(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned order passed by the second respondent in Letter No.12615/UD4-1/2019-3, dated 09.03.2020 and the consequential order of the third respondent in Roc.No.1064/2014 NLPA, dated 07.05.2020 and quash the same as illegal.)

1. The petitioner claims to be the owner of the landed property in Old Survey No.3043 (Resurvey No.A-1-43/12), M.S. Road, Vadacheri Village, Kanyakumari Taluk and District, ad-measuring an extent of 52 cents along with a well, out of 1.40 acres.

2. The petitioner had earlier filed W.P.(MD) No.19054 of 2017 against the fourth respondent herein as well as the other respondents herein for issuance of Mandamus, directing the respondents not to evict him or demolish his building situated in his patta lands in S.No.A1/43-12, Asirvatham Nagar Colony, Vadasery Village, Nagercoil, Kanyakumari District without acquiring his land as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said Writ Petition came to be disposed of on 12.10.2017 by directing the second respondent to consider the petitioner's representation dated 07.10.2017 and pass appropriate orders on merits and in accordance with law within 6 weeks from the date of receipt of a copy of this order.

3. In the intregnam, the fourth respondent has issued a notice under Section 216(1) & (2) 317 of the Tamil Nadu District Municipalities Act, stating among other things that the petitioner has put an unauthorised construction. The petitioner challenging the legality of the said notice, once again filed W.P.(MD) No.14778 of 2018 and it was dismissed as withdrawn and liberty was given to file appropriate application for planning permission before the Local Planning Authority, who has already initiated enforcement action against him. Thereafter, the fourth respondent vide order dated 06.06.2019 in Na.Ka.No.17998/2014/F1 issued eviction notice.

4. Against the said notice, the petitioner filed Special Revision Petition by invoking Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the first respondent and subsequently, filed W.P. (MD) No.13811 of 2019 praying for issuance of Writ of Mandamus, directing the first respondent to entertain the revision along with stay application preferred by the petitioner dated 14.06.2019 and pass orders in accordance with law within a time frame. This Court disposed of the said Writ Petition on 12.07.2019, by directing the first respondent to consider the revision and pass orders on merits and in accordance with law within a period of two weeks and till such time restraining the respondents from initiating any coercive steps.

5. The petitioner said to have sought planning permission for the new building constructed in the said Survey Number and accordingly, he had paid necessary fees. In the intergnam, the Special Revision Petition filed by the petitioner came to be dismissed by the first respondent vide order dated 09.03.2020, based upon the same, the third respondent has issued consequential proceedings in Roc.No.1064/2014NLPA dated 07.05.2020 and challenging both the proceedings the petitioner came forward to file this Writ Petition.

6. The learned counsel appearing for the petitioner would submit that though the petitioner has applied for planning permission, it was not considered. Inclusion of the road in the land possessed by the petitioner is wholly untenable. The land came into his possession by virtue of settlement deed dated 29.04.2004 and since there was some delay in processing the application/planning permission in the light of the stand of the concerned official respondent that a public road was earmarked for formation in the year 1978 on the land of the petitione