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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAJASEKAR, S.M. SUBRAMANIAM
D. Sasikala – Appellant
Versus
Principal Secretary to Government, Housing and Urban Development Department – Respondent
ORDER :
(S.M. SUBRAMANIAM, J.)
The writ petition has been filed challenging the Locking and Sealing notice dated 30.01.2024 passed by the third respondent.
2. Mr.S.Ilamvaludhi, the learned Counsel for the petitioner fairly made a submission that the revision petition filed by the petitioner under Section 80 -A of the Town and Country Planning Act was rejected by the Government.
3. Thus, the cause aroused for the purpose of institution of the present writ petition become vanished. There is no impediment for the Authorities to continue the enforcement action by following the procedures as contemplated. The respondents are directed to conclude the enforcement action by following the procedures within a period of eight weeks from the date of receipt of a copy of this order.
Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
A rejected revision petition under Section 80-A of the Town and Country Planning Act renders a subsequent writ petition moot, allowing authorities to enforce actions legally.
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
A revision under Section 80-A of the Tamil Nadu Town and Country Planning Act cannot be entertained against a de-occupation notice following a locking & sealing order.
Writ petitions cannot entertain requests that contradict statutory provisions; the appropriate remedy lies in filing a statutory revision as per the Town and Country Planning Act.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
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....
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.
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