JUDGMENT

(Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to forbear all further proceedings of the respondents from initiating any coercive action of Locking and Sealing of the Petitioners' premises pursuant to the De- Occupation notice dated 15.12.2021 bearing Notice No. ZONE VI/TPENF/2021 issued by the second respondent herein under Section 56, 57 read with Section 85 of Town and Country Planning Act, 1971 pertaining to the petitioners' premises situated at Door No.132/6, Sachidanantham Street, Kosapet, Chennai - 600 012, so as to enable the petitioners to rectify and restore the petitioners' premises in consonance with the permissible planning rules and regulations in the said premises within six months on the basis of the petitioners' representation dated 05.01.2022.)

R. Mahadevan, J.

1. The petitioners, who are the owners of the residential flats, bearing Door No.132/6, Sachidanantham Street, Kosapet, Chennai - 600 012, have come forward with this writ petition seeking to issue a mandamus, forbearing the respondent authorities from initiating any coercive action of Lock and Seal of the premises pursuant to the De-Occupation notice dated 15.12.2021 issued by the second respondent herein under Sections 56, 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (in short, “the Act”), so as to enable them to rectify and restore the said premises in consonance with the permissible planning rules and regulations, on the basis of their representation dated 05.01.2022.

2. The background facts, which led to the filing of this writ petition, are narrated below:

2.1. Originally, one Lakshmi Jeeva, a neighbour of the petitioners herein, made a representation dated 19.03.2016 to the Member Secretary, Chennai Metropolitan Development Authority (in short, “the CMDA”), Egmore, Chennai, requesting to take appropriate action against the illegal construction of the residential building at New No.132, Old No.6/1, Sachidhanandam Street, Kosapet, Chennai-12 made by the builder namely M/s.New Venus Developers Private Limited / 3rd respondent herein. Since the said representation was not considered, she preferred a writ petition bearing No. 35378 of 2016, which, by order dated 05.10.2016, was disposed of, directing the Corporation officials to verify the records and take action after issuing notice to all the parties, within a period of three months.

2.2. Pursuant to the aforesaid direction, the respondent authorities scrutinised the records relating to the subject building and found that planning permission and building approval were issued vide PPA No.D6/3634/2015 and BA No.D6/3233/2015 dated 15.07.2015 respectively and according to the same, permission was accorded for construction of a stilt, first floor and second floor consisting of six dwelling units. However, on physical inspection, it was noticed that the building was constructed without leaving sufficient set backs, besides additional / unauthorised construction was put up by way of third floor. Therefore, a Lock and Seal and Demolition notice dated 31.10.2016 was issued to the petitioners under Section 56 and 57 read with Section 85 of the Act. Following the same, another notice dated 02.12.2016 also came to be issued to them.

2.3. However, the petitioners did not submit any reply, but preferred a writ petition viz., WP No. 5831 of 2017, praying to issue a Writ of Mandamus forbearing the respondent authorities from in any manner initiating any coercive action of locking and sealing and demolition of the subject premises till the final determination of the petitioners' special revision petition filed under section 80(A) of the Act along with stay petition under section 80(A)(3) of the Act dated 08.11.2016 pending with the Government. By order dated 09.03.2017, the said writ petition was disposed of, directing the Government to dispose of the statutory appeal