Mishra, J.:

This appeal has been listed after notice of motion. Since we intend to with the judgment of the learned single Judge as well as with the impugned order to be that of the prescribed authority under Sec.79(1) of the Tamil Nadu Town and Planning Act, 1971 on the question whether the latter order is one by a competent or vitiated on ac-count of sub-delegation of the statutory power to a so-called Committee, we think it is not necessary to wait for any counter affidavit or to discuss other contention raised before us by learned counsel for the parties.

2. It appears for the alleged violation of the provisions of the Tamil Nadu Town and Planning Act, 1971, and rules and regulations framed thereunder in deviating and construction of and in a building from the approved plan, etc., a proceeding was against the petitioners-appellants under the Act. The petitioners-appellants meanwhile applied for a planning permission before the competent authority under and when the permission was not granted, appealed under Sec.79 of the Act before prescribed authority. The impugned order dated 29.5.1991 in G.O.Rt.No.288, Housing Urban Development Department, however shows that the