S.S.Babulal, v. The Member Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Writ Petition (MD).No.19569 of 2017 and W.M.P(MD).Nos.15855 and 15856 of 2017 S.S.Babulal ... Petitioner Vs.
The Member Secretary, Madurai Local Planning Authority, Corporation Office, Madurai.
... Respondent Prayer : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the respondent in Na.Ka..No.828/17/MD5 dated 22.08.2017 and 08.09.2017 and quash the same is illegal and consequently forebear the respondent from taking any coercive action against the petitioner's building pending disposal of the retention application of the petitioner dated 16.09.2017. For Petitioner : Mr.M.Mahaboob Athiff For Respondent : Mr.D.Muruganandham Additional Government Pleader
ORDER
(Order of the Court was made by T.S.SIVAGNANAM,J.) The petitioner is before this Court, challenging the notice issued by the respondent under Sections 56 and 57 of the Tamilnadu Town and Country Planning Act, 1971.
2.On perusal of the said notice, we find that the building constructed by the petitioner is in gross-violation of approval building plan. Prima facie we are of the view that certain violation cannot be regularized such as front set back, side set back, plot coverage etc. Be that as it may, the petitioner is before this Court on a very limited ground. Earlier he had
approached this Court and filed a petition in W.P(MD).No.8453 of 2013, challenging the proceeding of the respondents to unlock and unseal the petitioner's building. During the course of argument, it was mentioned before the Division Bench that the petitioner has submitted the revised plan under Section 49 of Tamilnadu Town and Country Planning Act, 1971 to the Local Planning Authority, Madurai. Therefore, the Court had disposed of the writ petition by an order dated 01.09.2017, directing the Member Secretary, Local Planning Authority, Corporation Office, Madurai, to dispose of the revised plan submitted by the petitioner within a period of two months from the date of receipt of a copy of that order. 3.
Thereafter, a further direction was issued to the Commissioner, Corporation of Madurai and the Members Secretary, Local Panning Authority, Corporation Office, Madurai, not to give effect to the proceedings dated 06.05.2013 and 10.05.2013 till a decision is taken on the revised plan. Immediately, after the order was passed in the writ petition, the impugned notice has been issued. Challenging the same, the petitioner has approached this Court. This writ petition was entertained. However, no interim order was granted in the writ petition and the case has been adjourned from time to time.
4.In the light of the earlier direction, we direct the Member Secretary, Local Planning Authority, Madurai, to dispose of the revised planning permission application and also direct them to finalize the revised plan given by the petitioner within a period of three weeks from the date of receipt of a copy of this order, after an affording opportunity of personal hearing to the petitioner. If the respondent does not dispose of the application within the said time, we would be inclined to draw adverse inference against the respondent, is not interested in taking action against the illegal construction, and we shall also take suo motu action for contempt.
With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The Member Secretary, Madurai Local Planning Authority, Corporation Office, Madurai.
+ 1 cc TO M/S.Ajmal Associates , Advocate in SR No. 51469 + 1 cc TO The Special Government Pleader in SR No. 51951 rmk/mrn AE/GT/SAR2/16.03.2018/3P/4C Writ Petition (MD).No.19569 of 2017 27.02.2018