O R D E R

(Order of the Court was made by J.Nisha Banu,J.)

This Writ Petition has been filed praying to quash the locking- sealing and demolition notice dated 08.11.2022 issued by the 2nd respondent-Chennai Metropolitan Development Authority.

2.The impugned Notice dated 08.11.2022 is Lock and Seal and nd

Demolition Notice issued by the 2 respondent to all the occupants of the subject property and to the builder, stating to secure compliance with the

Planning permission issued by the CMDA, by demolish/altering the building or works and usage to be retained as per approved plan within a period of 30 days from the date of receipt of the notice. The Notice further called upon the flat owners to restore the building in accordance with the approved plan within 30 days from the date of receipt of the notice, failing which, action will be taken under Sub section (2-A) of Section 56 of the Town and Country Planning Act, to lock and seal the subject premises.

3. The petitioner averred in the writ petition that he is one of the residents of the subject property situated at Ground Floor in Flat No.G1 and she was in continuous possession of the property since 2007 and the construction was of the year 2004-05. The subject flat G1 was allotted to the land owner by the builder. The petitioner purchased the said G1 flat from the land owner in the year 2009.

4. A representation dated 30.07.2013 was submitted by one

T.Ragunath before the 2nd respondent alleging unauthorised construction in the subject property. Subsequently, he filed W.P.No.8397 of 2014

seeking direction to the 2nd respondent to consider the said representation.

nd

5. This Court, vide order dated 07.12.2016 directed the 2

respondent to cause an inspection of the building in question including the portions of the petitioner within a period of 15 days from the date of receipt of a copy of this order and if any violations are found, to act in nd accordance with law. The 2 respondent conducted inspection on 23.11.2022 and issued the impugned locking-sealing and demolition dated 08.11.2022.

6. Learned counsel appearing for the petitioner submitted that demolition action cannot be pursued on any of the flat owners unless a notice issued within a period of 3 years of completion. The petitioner had also filed application under Section 113(c) of the Tamil Nadu and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) on 21.06.2020

nd before the 2 respondent and the same is pending for consideration.

7. The learned counsel for impleaded respondents who are the occupiers of the flats filed affidavit and typed set of papers stating that the unauthorised consutrction and occupants therein are using the entire ground floor as commercial area and apart from that Terrace area has been occupied and they are not able to use the Terrace area. The unauthorized illegal construction and occupants are occupying the parking area and using for commercial purpose and it causes irreperable damage and hardship to the legal owners of the flat.

8. It is further submitted that inspite of the order of this court directing CMDA to take action and the impugned lock and seal notice issued on 08.12.2022, the authorities are postponing the enforcement action. The subsequent notice dated 16.02.2023 of CMDA would state that in response to the issuance of Locking & Sealing and Demolition Notice, owner of Ground floor flat Tmt.M.Udaya had submitted application through online for regularization of the flat under New Regularization Scheme, 2017 as per Section 113-C of TNC&O Act, 1971, dated 21.06.2020 and further action will be taken in due course. The impleaded respondents also would submit that they submitted representations to CMDA seeking to take action against the unauthorised dwelling units.

9. The petitioner's contention is that he is entitled for regularisation of the building under Section 113-C. The petitioner counsel relied upon the order of this Court dated 27.07.2023 passed in W.P.No.9725 of 2017, wherein, the Honourable