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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
C. Sethupathy & Another - Applicants
Versus
The Member Secretary, Coimbatore Local Planning Authority, Coimbatore & Others - Respondents
Review Application No. 157 of 2023 in Writ Petition No. 24197 of 2022
Decided On : 04-03-2024
Review Application - Tamil Nadu Town and Country Planning Act - The court reviewed the order and directed the applicants to seek regularization of unauthorized construction under Section 135 of the Tamil Nadu Urban Local Bodies Act, 1998.
Fact of the Case:
The review application sought to review the order directing the applicants to prosecute an appeal before the third respondent under the Tamil Nadu Town and Country Planning Act.
Finding of the Court:
The court found that no appeal or revision was pending before the Government, and directed the applicants to seek regularization of unauthorized construction under the Tamil Nadu Urban Local Bodies Act, 1998.
Issues: The main issue was the availability of remedies for the applicants in the absence of an appeal pending before the Government.
Ratio Decidendi: The court's decision was influenced by the absence of an appeal pending before the Government, leading to the direction for the applicants to seek regularization under the Tamil Nadu Urban Local Bodies Act, 1998.
Final Decision: The court reviewed the order and directed the applicants to seek regularization of unauthorized construction under Section 135 of the Tamil Nadu Urban Local Bodies Act, 1998.
JUDGMENT :
(Prayer: Application under Article 226 of The Constitution of India read with Section 114 of the Civil Procedure Code praying to review the order dated 22.6.2023 in W.P.No.24197 of 2022 so as to make necessary changes in the order to meet the ends of justice.)
This review application has been filed seeking to review the order dated 22.6.2023 in W.P.No.24197 of 2022.
2. Heard the learned counsel for the applicants and the learned Additional Government Pleader appearing for the third respondent.
3. When the matter came up for hearing on 16.2.2024, this Court passed the following order :
2. The only ground on which the review has been filed is that there is no appeal pending before the third respondent. But however, a direction has been given to the petitioners to prosecute the appeal before the third respondent.
3. The learned Additional Government Pleader shall take instructions in this regard and report before this Court. 4. Post this case under the same caption on 04.3.2024 at 2.15 PM."
4. When the matter is taken up for hearing today, the learned Additional Government Pleader, on written instructions received from the Deputy Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai-9, submits that no appeal under Section 79 or revision under Section 80A of the Tamil Nadu Town and Country Planning Act is pending before the Government.
5. In view of the above instructions, paragraph 12 of the order dated 22.6.2023 in W.P.No.24197 of 2022 will have to be recast. Since no appeal is pending before the Government, there is no question of directing the applicants to prosecute the appeal. The only other remedy that is available to the applicants is to invoke the provisions of Section 135 of the Tamil Nadu Urban Local Bodies Act, 1998 and seek regularization of the unauthorized construction before the Commissioner of Coimbatore Corporation. Such an application shall be filed by the applicants within a period of four weeks from the date of receipt of a copy of this order. On receipt of the application, the Commissioner, Coimbatore Corporation shall deal with the same in accordance with Section 135 of the Tamil Nadu Urban Local Bodies Act, 1998 and take a final decision within a period of eight weeks thereafter.
6. The order dated 22.6.2023 in W.P.No.24197 of 2022 stands reviewed to the extent indicated above and the review is ordered accordingly.
The main legal point established is that in the absence of an appeal pending before the Government, applicants can seek regularization of unauthorized construction under the Tamil Nadu Urban Local Bo....
Pending appeal restrains construction; contempt closed pending disposal.
A decision by the prescribed Authority under the Tamil Nadu Town and Country Planning Act is final and cannot be revisited without due legal basis.
Delay in filing review petition cannot be condoned if meanwhile the order sought to be reviewed has been complied with and a related SLP has been filed.
Contempt petition closed due to pending statutory revision with interim order; liberty to revive post-outcome.
The court directed the disposal of a pending revision petition under the Town and Country Planning Act within a time-bound period and granted interim protection against demolition until the outcome o....
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.
Objector aggrieved by unlawful construction lacks locus to challenge revisional order passed in his favor; must seek implementation instead.
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