The main legal point established in the judgment is the Court's authority to direct the petitioner to rectify the defects within a specified time frame and permit the respondents to take appropriate action in accordance with the law if the petitioner fails to comply.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Second respondent to consider and dispose of the revised Application Receipt No.2022-23/ON/1846818 in PPA/WDCN06/01705/2023 dated 24.02.2023 submitted by the Petitioner within the time frame fixed by this Court.)

V.M. Velumani, J.

1. The petitioner has come out with the present Writ Petition for a direction to the 2nd respondent to consider and dispose of the revised Application Receipt No.2022-23/ON/1846818 in PPA/WDCN06/01705/2023, dated 24.02.2023, submitted by the petitioner within a time frame fixed by this Court.

2. By consent of the learned counsel appearing for the petitioner, Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the 1st respondent and Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for respondents 2 to 4, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing for the parties and perused the entire materials on record.

4. According to petitioner, he is the owner of the property bearing Door No.309, Thiru.Vi.Ka.Nagar, 18th street, Sembium, Peravallur, Chennai – 600 011. The petitioner after obtaining permission for demolition and re-construction, obtained building permit dated 05.08.2016, for construction of ground and first floor. According to petitioner, the contractor put up construction with some minor deviations. In view of the same, the 3rd respondent issued notice dated 22.01.2019, calling for Approved Plan and thereafter issued Locking and Sealing notice dated 09.02.2019. The petitioner filed revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, challenging the Locking and Sealing notice dated 09.02.2019 before the 1st respondent. The petitioner also filed review petition. Since, no order was passed, the petitioner filed W.P.No.10385 of 2022 before this Court. The Division Bench of this Court on 28.04.2022, passed the following order:

“4. Learned Special Government Pleader for the respondents 1 and 2 and the learned Standing Counsel for the respondents 4 to 7 have jointly stated that the petitioner''s Review application filed is not maintainable and there is no provision permitting the petitioner to file a Review Application since the Special Revision filed by him under Section 80-A of the Act was rejected by the 1st respondent long time ago. However, if the petitioner comes with an undertaking that he would rectify the defects and thereafter, also seek for fresh planning permission, they will not stand in the way.

5. Recording the said joint submissions made by the learned Special Government Pleader for the respondents 1 and 2 and the learned Standing Counsel for the respondents 4 to 7, we hereby direct the respondents 4 to 7 to de-seal the building of the petitioner within a period of one week and the petitioner as prayed before us is permitted to rectify the defects as per the approved plan within a period of four months from the date of de-sealing of the building. It is made clear that if the petitioner fails to rectify the defects as per the approved plan, within a period of 4 months, the respondents 4 to 7 shall proceed further in accordance with law for re-sealing the building-in-question.

6. With the above observation and direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.”

4(a). The petitioner did not rectify the defects within four months time limit granted by this Court and also even after another four months. The petitioner again filed W.P.No.35063 of 2022 for a direction to the respondents 3 to 5 to forbear them from in any way interfering with the petitioner''s building at No.309, Thiruvika Nagar, 18th Street, Sembium, Chennai - 600 011 particularly by way of locking and sealing pending final