Cancellation of building permits requires legal foundation; opinions without basis lead to quashing of decisions.

(Order of the Court was made by N.SATHISH KUMAR, J.)

These Writ Petitions are filed challenging the impugned orders dated 30.09.2021, passed by the 5^th respondent, cancelling the building permits granted to the petitioners under Building Permit Nos. 88/2020-2021, 187/2020-2021 and 186/2020-2021, based on the instructions of the Government Pleader.

2. The brief facts leading to the filing of these Writ Petitions are as follows:

The Writ Petitioners have constructed a building in Survey No.

34/1C1, Thirupuvanam, Sivagangai District, after obtaining the necessary building plan approval from the local authority. However, the 6^th respondent has filed a Writ Petition before this Court in W.P.(MD)No. 18069 of 2016, for removal of the unauthorised construction in S.No. 34/1C1. The said Writ Petition was disposed of by this Court on 08.08.2017, directing the Executive Officer, Tiruppuvanam Panchayat, Tiruppuvanam, to initiate action in accordance with law for the demolition of the unauthorised construction said to have been put up by the petitioners herein.

2.1. Pursuant to the said order, it was found that the petitioner in W.P.(MD) No.19103 of 2021 had constructed a building deviating from the original plan, with a deviation to the extent of 18.08 sq. ft. on the ground floor and the same extent on the first floor. Similarly, the petitioner in W.P.(MD)No.19104 of 2021, had constructed a building deviating from the original plan, with a deviation to the extent of 182.79 sq.ft and the petitioner in W.P.(MD)No.19105 of 2021, had constructed a building deviating from the original plan, with a deviation to the extent of 18.08 sq.ft on the ground floor and the same extent on the fist floor. Therefore, the Executive Officer, Tiruppuvanam Panchayat, Tiruppuvanam, issued notices dated 29.11.2019 directing the petitioners to remove the unauthorised construction put up by them to the above extent. Challenging the said notices, the petitioners have filed Writ petitions in W.P.(MD)Nos.26690, 26692 & 26693 of 2019 and also sought for a direction to dispose of the retention applications filed by them under Section 49 of the Town and Country Planning Act, 1971.

2.2. A co-ordinate Bench of this Court, by common order dated

13.12.2019, directed the authorities to consider the retention applications filed by the petitioners. Pursuant to the said directions, the Additional Chief Secretary to Government, Municipal Administration and Water Supply Department in its order dated 11.12.2020, has held that the retention applications are not maintainable in Government level and they have to be filed before the competent authority viz., the Executive Officer of Thirupuvanam Town Panchayat and therefore, directed that necessary planning permission may be obtained from the concerned authority by filing Retention Applications in this regard. Pursuant to the said order dated 11.12.2020, the Writ Petitioners have filed retention applications before the Executive Officer, Thirupuvanam Town Panchayat and he has granted building permission vide its order dated 22.03.2021. Later, the 6^th respondent has filed a contempt petition in Cont.P.(MD)No.1048 of 2021. Thereafter, the impugned orders came to be passed by the 5^th respondent on 30.09.2021 cancelling the Building permits granted to the petitioners on 22.03.2021. Challenging the said orders, these Writ Petitions have been filed.

3. The learned Senior Counsel appearing for the petitioners would submit that though the 5^th respondent had initially granted the building permits, merely on the basis of the contempt petition filed by the 6^th respondent, the impugned orders have been passed without application of mind, cancelling the said permits. He would further submit that once the building