Unauthorized construction cannot be regularized and the authorities are entitled to lock and seal such construction.

W.P.No.404 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

and

THE HONOURABLE

MRS.JUSTICE R.HEMALATHA

W.P.No.404 of 2023

M.Abitha Banu

.. Petitioner

Vs.

1.State of Tamil Nadu,

rep. by the Secretary to Government,

Housing and Urban Development Department,

Secretariat, Chennai – 600 009.

2.The Additional Secretary (Technical),

Housing and Urban Development Department,

Secretariat, Chennai – 600 009.

3.The Commissioner,

Greater Chennai Corporation,

Chennai – 600 003.

4.The Regional Deputy Commissioner (Central),

RDC (Central Office),

Greater Chennai Corporation,

No.36 B, Pulla Avenue,

Shenoy Nagar, Chennai – 600 030.

5.The Executive Engineer,

Central Region Zone VIII,

Greater Chennai Corporation,

2^nd Cross Street, Pulla Avenue,

Shenoy Nagar, Chennai – 600 030.

.. Respondents

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W.P.No.404 of 2023

Prayer: Writ Petition is filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Certiorarified Mandamus, calling

for the records in the order bearing Lr.No.12234/nava.6(2)/2022-7 dated

30.11.2022 passed by the respondent no.2 and quashing the same and

directing the respondent no.1 to decide the representation of the

petitioner dated 07.07.2022 in accordance with law and remove the lock

and seal of the premises of the petitioner bearing Door No.113, Periyar

Pathai West, Arumbakkam, Chennai – 600 106 and permit the petitioner

to reside therein along with her family members for a specified period.

For Petitioner

: Mr.M.Radhakrishnan

for Mr.P.Pugalenthi

For RR 1 & 2

: Mr.A.Selvendran

Special Government Pleader

For RR 3 to 5

: Mr.D.B.R.Prabhu

Standing Counsel

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.)

The petitioner has come out with the present Writ Petition to call

for the records of the 2^nd respondent in the order bearing

Lr.No.12234/nava.6(2)/2022-7 dated 30.11.2022, quash the same and for

a direction to the 1^st respondent to decide the representation of the

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W.P.No.404 of 2023

petitioner dated 07.07.2022 in accordance with law and remove the lock

and seal of the premises of the petitioner bearing Door No.113, Periyar

Pathai West, Arumbakkam, Chennai – 600 106 and permit her to reside

therein along with her family members for a specified period.

2.Mr.A.Selvendran, learned Special Government Pleader takes

notice for respondents 1 & 2 and Mr.D.B.R.Prabhu, learned Standing

Counsel takes notice for respondents 3 to 5.

3.Heard the learned counsel appearing for the petitioner, learned

Special Government Pleader appearing for respondents 1 & 2 and the

learned Standing Counsel appearing for respondents 3 to 5 and perused

the entire materials on record.

4.From the materials on record, it is seen that the petitioner's

husband in the year 2003 constructed a residential building at Door

No.113, Periyar Pathai West, Arumbakkam, Chennai – 600 106, without

obtaining permission from the authorities. The 5^th respondent issued

De-occupation notice dated 21.12.2018, under Sections 56 and 57 read

with Section 85 of the Tamil Nadu Town and Country Planning Act,

1971. The petitioner filed appeal under Section 80(A) of the Tamil Nadu

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W.P.No.404 of 2023

Town and Country Planning Act, 1971, before the 2^nd respondent. The 2^nd

respondent by the order dated 01.10.2019 rejected the said appeal

directing the 3^rd respondent to initiate further proceedings. The petitioner

filed W.P.No.29847 of 2019 challenging the said order. The Division

Bench of this Court by the order dated 17.10.2019 dismissed the said

Writ Petition. Thereafter the petitioner filed SLP (Civil) No.27198 of

2019 before the Hon'ble Apex Court. The Hon'ble Apex Court by the

order dated 22.11.2019 dismissed SLP (Civil) No.27198 of 2019 and

grant