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.

ORDER :

S.M.SUBRAMANIAM, J.

The writ of mandamus has been instituted to direct the respondents 4 to 6 herein to forthwith de-seal the lock and seal of the premises situate at Door No.37/97, Rajaji Street, Madhavaram, Chennai - 600 060.

2. One Tmt.B.Jeyanthi/8th respondent has given a complaint stating that the buildings are constructed unauthorisedly in the subject land and there is no Patta for the lands in which constructions are made. Since no action has been taken by the competent Authorities, the said Tmt.B.Jeyanthi/8th respondent filed W.P.No.11584 of 2024 and the Division Bench of this Court passed an order on 22.08.2024, directing the Official respondents therein to take necessary action for removal of the unauthorised construction put up by the writ petitioner herein by following the Government Orders, Rules etc., within a period of twelve weeks from the date of receipt of a copy of the order.

3. Thereafter, Lock and Seal and De-occupation Notice was issued by the Greater Chennai Corporation in proceedings dated 20.11.2024. The said notice reveals that action was taken in the year 2023 itself and Stop Work Notice, Lock and Seal and Demolition and De-occupation notice were issued to the petitioner on various dates. However, the petitioner has not obeyed the above said notices issued on 23.02.2023, 18.03.2023, 10.07.2024 respectively. Pertinently, the petitioner filed a revision under Section 80(A) of the Tamil Nadu Town and Country Planning Act. The Government adjudicated the issues elaborately and found that the petitioner is not holding any Patta in respect of the subject land and no Building Plan Permission has been obtained. Thus, the Government passed the following orders in proceedings dated 22.03.2024:

"10. It is observed that there is no patta for the petitioner's land. Patta is a vital document for obtaining planning permission for the building or for any development on any land. The objector also failed to produce the documents and patta relating to her ownership of the property. Since no records were produced by the objector it appears that the objector's land is also classified as gramanatham site. Both the petitioner as well as the objector are in the same plane in respect of classification of land as per revenue records and obtaining patta for their lands. The petitioner has applied for patta and it is pending with Revenue Department.

11. After careful consideration of the above facts of the case and submissions made, the Government hereby grant three months time to the petitioner to obtain patta for the land and to carryout necessary rectification in the building to satisfy rules and to obtain necessary approval for the rectified building as per Tamil Nadu Combined Development and Building Rules, 2019. Till such time there shall be a stay on the enforcement action against the subject building. On expiry of the said period of three months time,Greater Chennai Corporation shall proceed with further action as per the provisions in Tamil Nadu Town and Country Planning Act, 1971, if the petitioner failed to comply with the above directions within the time specified, Greater Chennai Corporation shall ascertain the encroachments if any made by the petitioner on the road and remove the same under appropriate statutory provisions."

4. Despite the fact that the petitioner exhausted the remedy under Section 80(A) of the Act, the present writ petition has been filed without challenging the said order but seeking a direction to de-seal the premises. The writ of mandamus seeking such a direction is not entertainable, since the Government has already passed final orders in the revision filed by the petitioner under Section 80(A) of the Act. After disposal of the revision by the Government, the petitioner filed W.M.P.No.21832 of 2024 in W.P.No.22699 of 2023 seeking extension of time. The Division Bench of this Court passed orders on 31.07.2024, granting 3 more months to comply with the orders of the Government dated 22.03.2024