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P. Santhosh Joseph & Another v/s The Principal Secretary to Government, Municipal Administration & Water Supply Dept., Chennai & Others


Company & Directors' Information:- JOSEPH AND CO PVT LTD [Active] CIN = U01211KL1954PTC000507

Company & Directors' Information:- E R JOSEPH & CO PVT LTD [Strike Off] CIN = U28920WB1955PTC022404

Company & Directors' Information:- K K S WATER PRIVATE LIMITED [Active] CIN = U52100WB2014PTC199844

Company & Directors' Information:- OF WATER PRIVATE LIMITED [Active] CIN = U51909MH2018PTC317142

Company & Directors' Information:- WATER INDIA PRIVATE LIMITED [Active] CIN = U74990DL2016PTC298912

    WP(MD)Nos. 586 & 1258 of 2019 & WMP(MD)Nos. 502, 503, 1077, 1078 of 2019

    Decided On, 29 January 2019

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN & THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: Mubarak Ahamed, Advocate. For the Respondents: R1 & R2, N. Shanmugaselvam, Additional Government Pleader, R3 & R4, P. Athimoolapandian, Advocate.



Judgment Text


(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring that the Impugned Notice in Na.Ka.No.15264/2018/F2 dated 08.12.2018 issued by the 2nd respondent under Section 56 and 57 of the Tamil Nadu Town and Country Planning Act 1971 is unauthorized and ultra vires Sections 2(3) 56, 57 & 120 of the Tamil Nadu Town and Country Planning Act 1971.

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 1st respondent to appoint members to the 3rd respondent Local Planning Authority in terms of the statutory mandate of Sections 11(3) (b) (ii) & 11(3) (c) of the Tamil Nadu Town and Country Planning Act 1971.)

Common Order

K.K. Sasidharan, J.]

1. These two writ petitions are at the instance of the owner and occupier of the premises respectively, bearing Door No.162/A, corresponding to new No.717, K.P.Road, Ramavarmapuram, Nagercoil.

2. The petitioner in WP(MD)No.586 of 2019 is the owner of the building. The petitioner in WP(MD)No.1258 of 2019 is the present occupier of the said building.

3. The petitioner in WP(MD)No.586 of 2019 has taken up string of contentions, without any basis. There is absolutely no merit in any of those contentions for the simple reason that without obtaining planning permit from the Local Planning Authority, the petitioner has put up the building having G+3 floors.

4. The building in question has already been sealed. We, therefore, do not find any reason to entertain the writ petition filed by a person, who has no regard to the law of the land.

5. We, therefore, dismiss the writ petition in WP(MD)No. 586 of 2019. No costs. Consequently, WMP(MD)Nos.502 and 503 of 2019 are closed.

6. The petitioner in WP(MD)No.1258 of 2019 is stated to be the tenant of the premises bearing Door No.162/A, corresponding to new No.717, K.P.Road, Ramavarmapuram, Nagercoil. There is a dispute with regard to the actual area in the possession of the petitioner in the building in question.

7. According to the learned counsel for the petitioner, the petitioner is in possession of the ground and first floor of the building. The said contention is refuted by the learned counsel for the Municipality. According to the counsel, the petitioner is in occupation of only the ground floor.

8. There is no dispute that before taking up enforcement action, notice was not issued to the petitioner. The petitioner, being the occupier of the building, is entitled to a notice in view of the proviso to Section 56 (2) of the Tamil Nadu Town and Country Planning Act, 1971. To a query, learned counsel for the Local Planning Authority submitted that no such notice was issued to the petitioner.

9. The learned Additional Government Pleader, on instructions, submitted that notice was issued only to the owner of the premises. It is therefore very clear that the mandatory provisions of the Act has not been complied with by the Local Planning Authority before sealing the premises, in the possession of the occupier.

10. We direct the Local Planning Authority to inspect the ground and first floor of the premises in question to ascertain as to whether the petitioner has been in possession and enjoyment of those two floors. In case, it is found that the petitioner has been conducting the hotel business in the ground and first floor of the building, the same shall be de-sealed forthwith on receipt of a copy of this order. In case there is no evidence to show that the petitioner has been doing business in the first floor, the requirement is only to de-seal the ground floor of the premises. In any case, it is for the Local Planning Authority to take a decision in the matter, of course, it should be on the basis of the relevant materials.

11. We permit the Local Planning Authority to issue fresh notice to the petitioner under the provisions of the Tamil Nadu Town and Country Planning Act, 1971. Thereafter, it is open to the Local Planning A

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uthority to pass appropriate orders, taking into account the response given by the petitioner. This order would not stand in the way of the petitioner from demolishing the unauthorised construction and report compliance to the Local Planning Authority and the Local Body for further action. 12. The writ petition in WP(MD)N.1258 of 2019 is disposed of with the above direction. No costs. Consequently, WMP(MD)Nos. 1077 and 1078 of 2019 are closed.
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