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T. RAJA, S. SOUNTHAR
P. Ramakrishnan – Appellant
Versus
Secretary Tamil Nadu Housing and Urban Development, Chennai – Respondent
JUDGMENT
(Prayer: Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, thereby directing the second respondent to remove the lock and seal consequent to the Lock and Seal Notice dated 29.12.2021 bearing Ref.No.EC/S1/1383/2021, until the appeal dated 27.01.2022 pending before the first respondent is disposed off.)
T. Raja, J.
1. The petitioners, being the co-owners of Vasantham Thirumana Maaligai, have filed this writ petition seeking issuance of a mandamus directing the Member Secretary, Chennai Metropolitan Development Authority, the second respondent herein to remove the lock and seal effected pursuant to the lock and seal notice dated 29.12.2021, until the appeal dated 27.01.2022 pending before the first respondent is disposed of on merits and as per law.
2. Learned Senior Counsel appearing for the petitioners submitted that the petitioners are the owners of the landed property having an extent of 36000 sq.ft., in Zamin Pallavaram Village, Chromepet and they were running a timber business under the name and style of 'Jaya Timber Depot' from the year 1972. As the timber business went down, they had to close the timber business in the ye
Lock and seal orders stayed pending appeal under Section 80A(3) of Tamil Nadu Town and Country Planning Act; consolidate appeals for disposal.
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
When a statutory revision petition is pending before an authority, the Court may direct its expeditious disposal and grant interim relief against coercive enforcement actions until the merits of the ....
Court grants final opportunity to vacate unauthorized building before sealing enforcement.
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
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