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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice S. M. Subramaniam, Mr. Justice K. Rajasekar, JJ
Srinivas Rao – Appellant
Versus
President, Masinagudi Panchayat, Udhagamandalam – Respondent
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 c
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building 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....
A writ of mandamus cannot be issued to de-seal premises when the petitioner has failed to comply with prior statutory orders regarding unauthorized construction.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
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.
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.
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