Lions Club Of Coimbaotre Trust v. The Director / Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2025
CORAM
THE HONOURABLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K. RAJASEKAR WP No. 1472 of 2024
1. Lions Club of Coimbatore Trust Rep by its Co-Chairman Mr. Aravind Jayamohanm Door No.90A, Valluvar Street, Sivananda Colony, Coimbatore 641 012.
Petitioner(s) Vs
1. The Director / Commissioner Director of Town and Country Planning, Anna Salai, Chennai 600 002 2.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore 641 012 3.The Member Secretary, Coimbatore Local Planning Department Corporation Commercial Complex, Sivananda Colony, Coimbatore 641 012 4.The Assistant Commissioner, Coimbatore City Municipal Corporation, Coimbatore 641 012 1/6
5.Mr.S.Ramesh Kumar,b.Com., S/o.(late) C.S.Sarangapani, 13-b, Valluvar Street, Sivananda Colony, Coimbatore 641 012.(R5-impleaded as Per Order Dated 16.02.2024 in WMP.4161/2021 in WP.1472/2024 by SSSRJ and NSJ) Respondent(s) PRAYER Calling for the records on the file of the 2nd respondent vide Na.Ka.No. 10679 / 2023 / H.1 / dated 22.12.2023 and quash the same as illegal, incompetent and ultra vires and consequently direct the respondents to scrutinize the application filed by the petitioner under section 113 C on 21.06.2019 and proceed with the regularization process and may pass For Petitioner(s):
No appearance For Respondent(s):
Mr.G.Ameedius, Government Advocate For RR1 & 3 Mr.K.Magesh For RR2 4 Mr.R.Bharath Kumar For R5
ORDER
(Order of the Court was made by S.M.Subramaniam J.) The writ petition has been instituted challenging the Lock and Seal Notice, dated 22.12.2023.
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2. No writ against the notice is entertainable, unless such notice has been issued by an incompetent authority having no jurisdiction or tainted with the allegations of malafides. That apart, a revision is contemplated under Section 80-A of the Tamil Nadu Town and Country Planning Act. The petitioner, if aggrieved may prefer a revision before the Government for considering the merits of the case.
3. Mere pendency of regularization application submitted under Section 113-C of the Tamil Nadu Town and Country Planning Act is not a bar for initiating the enforcement action. Regularization of unauthorized building cannot be done by the authority in a routine manner. Provision for regularization is an exception. Rule is to construct the building in accordance with the building plan approval. Therefore, the Rule should prevail and the power of discretion is to be exercised judiciously, for the purpose of granting the benefit of regularization. Regularization being an exception, pendency of an application for regularization is not a bar for completing the enforcement action. However, the petitioner if aggrieved, may prefer a revision before the Government under 3/6
Section 80-A of the Tamil Nadu Town and Country Planning Act. Equally, the authorities are competent to proceed with the further enforcement actions by following the procedures as contemplated under the said Act.
4. Accordingly, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition stands closed. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 29-04-2025 ssi Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6
To 1.The Director / Commissioner Director Of Town And Country Planning, Anna Salai, Chennai 600 002 2.The Commissioner Coimbatore City Municipal Corporation, Coimbatore 641 012 3.The Member Secretary Coimbatore Local Planning Department Corporation Commercial Complex, Sivananda Colony Coimbatore 641 012 4.The Assistant Commissioner Coimbatore City Municiapl Corporation Coimbatore 641 012 5.Mr.S.Ramesh Kumar, B.Com., S/o.(late) C.S.Sarangapani, 13-b, Valluvar Street, Sivananda Colony, Coimbatore 641 012.(R5-impleaded as Per Order Dated 16.02.2024 in WMP.4161/2021 in WP.1472/2024 By Sssrj And Nsj) 5/6
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
ssi WP No. 1472 of 2024 29-04-2025 6/6