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 year 1995 and the same was shifted to Tuticorin in the year 1996. Thereupon they decided to convert the building to a bike showroom. Subsequently, after changing their plan, a warehouse was put up for storage and supply of FMCG in the year 2001 and thereafter, in the year 2005, they constructed a cold storage for the capacity of 2000 metric tonnes after obtaining approval from the Pallavaram Municipality vide P.P.A.Nos.562 and 615 of 2007 and the construction was also completed before 31.07.2007. However, huge extent of land belonging to the petitioners were acquired for construction of a flyover on the southern and western sides of the petitioners property and additional portions were also acquired from the petitioners property for the formation of a service road and a part of the constructed building was also to be demolished on account of the acquisition proceedings made by the respondents. This had resulted in the alteration of the building construction for better usage in order to make it habitable. As it was a cold storage, the movement of container vehicles were restricted by the traffic police. Further, they had to modify the internal structure of the building construction to convert the same as a marriage hall. Besides, they had also created a multilevel car parking facility to house 300 cars in the area. The petitioners have also obtained Licence/NOC from the Tamil Nadu Fire and Rescue Services Department on 31.8.2018 and the same has also been renewed periodically. This apart, they had also obtained the Trade Licence from the Pallavapuram Municipality during the years 2016, 2018 and the same was also renewed subsequently. On the strength of the NOC and the Trade Licence for running the Vasantham Tirumana Maaligai, the petitioners have also now entertained the marriage bookings for the ensuing marriages and one such marriage invitation for the marriage to be held on 6.4.2022 has also been placed before us. Besides, a list of bookings for the marriages to be held on various dates during this year has also been enclosed at page 87 of the typedset of papers. But all of a sudden, for the reason that the petitioners have converted the cold storage to a marriage hall, the second respondent has issued a lock and seal notice on 29.12.2021. Immediately the petitioners have also filed an appeal on 27.01.2022 under Section 80-A of the Tamil Nadu Town and Country Planning Act along with the application for stay, taking a ground that the petitioners have already filed an application on 15.5.2019 before the second respondent seeking regularisation under Section 113-C of the Town and Country Planning Act, 1971 and it is pending. In addition thereto, the petitioners have been facing problems on all sides, namely, when the regularisation application dated 15.