Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.

ORDER :

1. The lock and seal notice dated 03.09.2024 is sought to be assailed in the present writ proceedings.

2. Based on the field inspection conducted by the competent authorities, actions are initiated to remove the alleged unauthorized constructions/deviations in the premises belongs to the petitioner. Notice was issued initially in proceeding dated 31.08.2024 stating that the petitioner shall stop using the subject building and vacate the same within a period of three days.

3. Impugned notice thereafter was issued in proceeding dated 03.09.2024 stating that the petitioner should stop usage and vacate the subject premises. Two notices issued on 31.08.2024 and 03.09.2024 are similar in nature and more specifically, issued under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971. Therefore, both the notices are to be treated as one under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971.

4. Mr.N.L.Rajah, learned senior counsel appearing on behalf of the petitioner would mainly contend that the procedures as contemplated in Tamil Nadu Town and Country Planning (Removal of Unauthorized Development) Rules, 2022 has not been followed in the case of the petitioner by issuing notices as per the procedures contemplated. Therefore, the said impugned notice is to be set aside. It is contended that the petitioner has obtained building plan permission. Change of user alone is the allegation raised against the petitioner. Thus the entire action by the respondents are not in consonance with the provisions of the Act and the Rules framed thereunder.

5. The learned Additional Government Pleader appearing on behalf of the respondent would submit that two notices were issued under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971. Contentions in both the notices are similar. Pertinently, no lock and seal has been effected admittedly. Therefore, further procedures are to be followed in accordance with the Rules and in the event of any such unauthorized constructions/deviations the authorities are empowered to remove the same. Thus, the writ petition at this stage is to be rejected.

6. Section 56 of the Tamil Nadu Town and Country Planning Act, provides power for removal of unauthorized development. If any unauthorized constructions/deviations are identified under Sub Section (1) to Section 56, the authorities competent are empowered to issue notice for the purpose of removal of unauthorized development under Sub Section (2) to Section 56.

7. Section 56(2-A) of the Tamil Nadu Town and Country Planning Act, contemplates that if the owner or occupier as the case may be of the land or building has not discontinued the use of such land or building as required in the notice served under sub Section (1) within the time specified therein, the appropriate planning authority, if prima facie satisfied, may take action to discontinue the use of such land or building by locking and sealing the premises in such manner as may be prescribed, irrespective of pendency of any application under Section 49 or Appeal under Section 79 or any litigation before the Court. The owner or the occupier, as the case may be, of such land or building shall provide security for such sealed premises. Therefore, Section 2-A of Section 56 provides ample power to the competent authorities to discontinue the use of land/building by locking and sealing the premises.

8. Irrespective of pendency of any application under Section 49 or Appeal under Section 79 or any litigation before the Court,. Section 57 denotes power to stop unauthorized development. Sub Section (4) to 57 stipulates that “where the development as described in clauses (a) to (d) of Sub Section (1) of Section 56 is being carried out, the planning authority may also take action to discontinue the development by locking and sealing the premises, in such manner as may be prescribed, till the production of the planning permission from the appropriate planning au