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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, S. ANANTHI, JJ.
B. Radhamani & Others - Appellant
Versus
The Principal Secretary to Government, Chennai & Others - Respondent
W.P. Nos. 11926, 11927, 11928 & 11929 of 2022 & W.M.P. Nos. 11341, 11342, 11343 & 11344 of 2022
Decided On : 05-05-2022
Town and Country Planning Act - Building Regularization - Sections 56, 57, 79 - The court directed the Appellate Authority to dispose of the appeals filed by the petitioners within a time frame of three months. The petitioners approached the court as the appeals were not disposed of within the stipulated time and coercive steps were apprehended. The court directed the authorities to dispose of the appeals on merits and in accordance with the law, providing the petitioners due opportunity of hearing.
Fact of the Case:
The petitioners owned residential plots in an approved layout and had started constructing residential buildings after obtaining building permission and plan approval. Notices were issued to submit revised plans and regularize the buildings. The petitioners' applications for revised plans were rejected without providing any opportunity for them to appeal. The petitioners approached the court as coercive steps were apprehended due to non-disposal of their appeals within the stipulated time.
Finding of the Court:
The court directed the authorities to dispose of the appeals on merits and in accordance with the law, providing the petitioners due opportunity of hearing, within six weeks from the date of the court's order. The parties were instructed to maintain status quo until the disposal of the appeals.
Issues: Non-disposal of appeals within the stipulated time, apprehension of coercive steps by the authorities.
Ratio Decidendi: The court emphasized the need for the authorities to dispose of the appeals on merits and in accordance with the law, providing the petitioners due opportunity of hearing within the stipulated time.
Final Decision: The court directed the authorities to dispose of the appeals on merits and in accordance with the law, providing the petitioners due opportunity of hearing, within six weeks from the date of the court's order. The parties were instructed to maintain status quo until the disposal of the appeals.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records of the 1st respondent in proceedings Letter No.15088/ UDS(1) / 2021-1 dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioners building plot No.33 Ward No.E Block No.15 T.S. No. 1000/Part and T.S.No. 999/Part Sri Venkatesapuram Colony Pollachi Taluk Coimbatore District is concerned quash the same and consequently restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioners building put up at petitioner's property.
W.P.No.11927/2022 : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records of the 1st respondent in proceedings Letter No.15088/ UDS(1) / 2021-1 dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioners building plot No.A-24 T.S. No. 21, Ward No.5, Door No.24, A Colony, Kamaraj Street, Mahalingapuram, Pollachi Taluk Coimbatore District is concerned quash the same and consequently restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioners building put up at petitioner's property.
W.P.No.11928/2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records of the 1st respondent in proceedings Letter No.15088/ UD5(1) / 2021-1 dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioners building plot No.33 Ward No.E Block No.15 T.S. No. 1000/Part and T.S.No. 999/Part Sri Venkatesapuram Colony Pollachi Taluk Coimbatore District is concerned quash the same and consequently restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioners building put up at petitioner's property.
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus Calling for the records of the 1st respondent in proceedings Letter No.15088/ UDS(1) / 2021-1 dated 02.03.2022 as the same is issued in contravention of the provisions of Section 79 of the Town and Country Planning Act 1971 and without providing opportunity to the petitioner to submit further representation in so far as the petitioners building Plot No.A38, Door No.38, T.S.No.30/Part and 29/Part, Ward No.5, B-Colony, Mahalingapuram, Pollachi, Coimbatore District is concerned quash the same and consequently restrain respondents 3 and 4 from initiating any coercive action including locking and sealing and demolishing the petitioners building put up at petitioner's property.)
Common Order
R. Mahadevan, J.
1. As the issue involved is common in all the writ petitions, they are heard together and are disposed of by this common order.
2. The case of the petitioners is that they are owners of residential plots in an approved layout called "Mahalingapuram layout" in Pollachi Town which falls under the Pollachi Local Planning Area. The petitioners have started constructing residential buildings after obtaining building permission and plan approval from the fourth respondent. While so, one Mr.Krishnakumar filed a Public Interest Litigation in WP No. 3995 of 2019 praying to issue a direction to the respondents therein to remove the illegal constructions and encroachments in six streets in Po
The importance of disposing of appeals on merits and in accordance with the law within the stipulated time, and providing the petitioners due opportunity of hearing.
The main legal point established in the judgment is the requirement for the Appellate Authority to dispose of appeals/revisions filed by the petitioners on merits and in accordance with the law, afte....
Lock and seal orders stayed pending appeal under Section 80A(3) of Tamil Nadu Town and Country Planning Act; consolidate appeals for disposal.
Revisional authority must decide stay applications under S.80-A within 3 weeks; no coercive action during interim period.
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 ....
Expeditious disposal of appeals under Section 80-A of the Town and Country Planning Act, 1971, and the restraint of coercive steps against the petitioner.
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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