Sasikumar v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN WP No. 24231 of 2025 and WMP.No.27280 of 2025 Sasikumar Petitioner Vs 1.The Director, Town and Country Planning, 3rd Floor, CMDA Complex, E and C Market Road, Koyambedu, Chennai.
2.The Deputy Director, Town and Country Planning, Ground and First Floor, Door No.50, FCI Road, Gandhimanagar, Ganapathy, Coimbatore.
3.The Member cum Secretary, Town and Country Planning, Coimbatore.
4.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.
Respondent(s)
PRAYER Writ petition filed under Article 226 of Constitution of India to issue a Writ of Certiorari to call for the records of lock and seal notice / order dated 14.6.2025 in proceedings Na.Ka.No.11729/2024/H1(E), on the file of the 4th respondent and quash the same.
For Petitioner(s):
Mr.K.Myilsamy For Respondent(s):
Mr.M.Venkateswaran, Special Govt. Pleader for R1 to R3 Mr.N.Velmurugan, Standing Counsel for R4
ORDER
(Order of the Court was made by J.Nisha Banu J.) This writ petition has been filed challenging the impugned Lock and Seal Notice dated 14.06.2025 issued by the fourth respondent.
2. It is the case of the petitioner that one Sigaram promoters formed layout sites and obtained approval from the respondents bearing DTCP No.9/2020 and thereafter registered the project before the Tamil Nadu Real Estate Regulatory Authority. From the promoters, the petitioner has purchased the property through a registered sale deed and applied for building plan approval. The Building Plan approval was given by the 3rd respondent based on the application made by the petitioner under Section 49 of the Tamil Nadu Town and Country Planning Act. According to the petitioner, since the fourth respondent has issued Lock and Seal Notice without following the procedures contemplated under the Rules, he has filed the instant writ petition.
3. When the matter is taken up for hearing, learned counsel for the petitioner admitted that there is a slight deviation in the construction of the building, as against the building plan approval accorded by the 3rd respondent.
4. In the light of the above submission, this Court, without going into the merits of the case, directs the petitioner to rectify the deviations and bring the building construction in accordance with the planning permission within a period of twelve weeks from the date of receipt of a copy of this order, failing which it is open to the respondents to proceed in accordance with law.
5. With the above directions, this writ petition stands disposed of. There shall be no order as to costs. Consequently connected miscellaneous petition is also closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 04-07-2025 mst Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Director, Town and Country Planning, 3rd Floor, CMDA Complex, E and C Market Road, Koyambedu, Chennai.
2.The Deputy Director, Town and Country Planning, Ground and First Floor, Door No.50, FCI Road, Gandhimanagar, Ganapathy, Coimbatore.
3.The Member cum Secretary, Town and Country Planning, Coimbatore.
4.The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.
J.NISHA BANU, J.
AND M.JOHIRAMAN, J.
MST 04.07.2025