Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.

ORDER :

S.M.Subramaniam, J.

The Revision order of the Government vide letter dated 29.11.2023 and the Review order of the Government dated 05.04.2024 are sought to be assailed in the present writ proceedings.

2. The petitioner states that the subject property belonged to her father late Mr.A.C.Rayar Padayachi and presently, the petitioner is in possession of the said property.

3. Complaints were received by the Official respondents that the petitioner has constructed the building unauthorisedly without Building Plan Permission. Thus, the Commissioner, Poonamallee Municipality conducted an inspection and survey and identified the unauthorised construction made by the petitioner and initiated enforcement actions under the provisions of the Town and Country Planning Act. Lock and Seal notice was issued. Challenging the said notice, the petitioner preferred a revision under Section 80 -A of the Town and Country Planning Act. The Government elaborately considered the facts and the documents by affording opportunity to all the parties and made a finding as under:

"6. Accordingly, final hearing was conducted on 31.10.2023. The revision petitioner and the official from Poonamallee Municipality were present.

(i) The official informed that there is a dispute on the land on which the petitioner gains access to his property. The objector one Thiru.R.Suresh who is a relative of the petitioner claims ownership of the said passage and had filed writ in W.P.No.26402 of 2022 and the Hon'ble High Court of Madras had directed Poonamallee Municipality to take action under Tamil Nadu Town and Country Planning Act, 1971.

The petitioner's building comprising Ground Floor + 3 floors was locked and sealed on 14.08.2023. As per the direction of the Government the said building was de-sealed on 06.10.2023 for removal of the belongings of the revision petitioner and it was resealed on 16.10.2023 by Poonamallee Municipality.

(ii) The revision petitioner informed that their plot extent is originally 1240 sq.ft belonged to her father. Subsequently her father, executed a will during 2013 bequeathing 320 sq.ft out of 1240 sq.ft in the said property to her. Her property gain access only through the said passage. Hence, suit was filed in O.S.No.182/2023 which is pending before the Poonamallee Sub - Court.

7. It is observed that the petitioner has put up Ground Floor + 3 Floors Building unauthorisedly. She do not have patta in her favour. The land was settled by her father through family settlement. The passage through which the petitioner gains access to the property from the road is under dispute. Hence obtaining approval for the petitioner's building may not be possible without patta in her favour."

4. The petitioner filed a review petition before the Government, which is not maintainable under the provisions of Town and Country Planning Act. Still the Government again considered the review petition on merits and rejected the same. A direction was issued to the Commissioner, Poonamallee Municipality to pursue the enforcement actions, accordingly. Thus, the present writ petition came to be instituted.

5. The learned Counsel for the petitioner would mainly contend that the Building Plan Permission was obtained by the father of the petitioner in the year 1984.

6. Pertinently, no such permission has been produced either before the Government or before this Court in the present writ proceedings. Several opportunities were provided by the competent Authorities to initiate enforcement action and the revision petition also has been decided by the Government by elaborately adjudicating the issues on merits. Therefore, now the petitioner cannot plead that they possess Building Plan Permission in t