Madras High Court
M/S.Sakthi Silks Private Limited vs The Member-Secretary
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 2 9. 0 1 . 2 0 1 9
CORAM:
THE HONOURABLE MR.JUSTICE R. S U B B IAH
AND
THE HONOURABLE MR.JUSTICE B.PU G A L E N D HI
W.P.[MD].No. 1 6 7 7 of 2 0 1 9
and
W.M.P.(MD)No. 1 4 3 6 of 2 0 1 9
M/s.Sakthi Silks Private Limited,
Represented by its Authorized Representative,
C/o.Chennai Silks,
No.13/1, 2A, Vallam Road,
Thanjavur. : Petitioner
Vs.
1.The Member-Secretary,
Local Planning Authority,
No.33, 4th Street,
Rajappa Nagar, Medical College Road,
Thanjavur – 613 007.
2.Thanjavur Corporation,
Represented by its Commissioner,
Thanjavur.
3.The Government of Tamil Nadu,
Represented by its Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai – 600 009. : Respondents
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PRA Y E R : Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, forbearing the respondents 1 and 2 from
initiating coercive action of locking and sealing action under Section 56 of
the Town and Country Planning Act, pursuant to the notice, dated
28.11.2018 issued by the first respondent with regard to the building put up
at T.S.No.13/1, 13/2A in Block No.60 and Ward No.4, Vallam Road,
Thanjavur.
For Petitioner : Mr.R.Mohan
For R1 and R3 : Mr.V.R.Shanmuganathan
Special Government Pleader
For R2 : Mr.N.Dilipkumar
O R DE R
***********
[Order of the Court was made by R. S U B B I AH, J.]
The petitioner has come up with this Writ Petition for issuance of writ
of Mandamus forbearing the respondents 1 and 2 from initiating coercive
action of locking and sealing under Section 56 of the Town and Country
Planning Act, pursuant to the notice, dated 28.11.2018 issued by the first
respondent with regard to the building put up at T.S.No.13/1, 13/2A in Block
No.60 and Ward No.4, Vallam Road, Thanjavur.
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2.The petitioner company is owning a property situated at T.S.No.13/1,
13/2A in Block No.60 and Ward No.4, Vallam Road, Thanjavur. In the said
property, for the purpose of construction of commercial building with
regard to the Company's family textile business and other consumer durable
items under the trade name of The Chennai Silks, the petitioner had applied
for planning permission to Local Planning Authority, Thanjavur and for
building permit to Thanjavur Corporation/Respondents 1 and 2. Thereafter,
the respondents 1 and 2 in their proceedings dated 15.12.2017 in B.A.No.
1055/17/MCF5, accorded planning permission as well as building permission
for construction of basement + Stilt + 4 floors of commercial building.
Thereafter, the petitioner constructed the building and completed the same.
During the course of constructions, for better utilization and as per the
amended Development Control Regulations, the petitioner has made only
simple extension of marginal area, without raising additional floors.
Therefore, they had submitted a revised plan to regularise the site
conditions on 04.12.2018 to the first respondent. As per proviso to Section
56 of the Town and Country Planning Act, the petitioner is entitled to
submit application under Section 49 of the Town and Country Planning Act,
to the Local Planning Authorities for retention of the building and Section
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56(4A) envisages no action of demolition or coercive action shall be initiated
during the pendency of such application. In spite of building put up with
planning approval and the variations in the constructions is eligible for
regularisation, the first respondent has passed the impugned order, dated
28.11.2018 calling upon the petitioner to restore the building to original
approval within 15 days, otherwise, locking and sealing under Section 56 of
the Town and Country Planning Act will be initiated. In fact, the provisions
of the Town and Country Planning Act contemplates that the action of
locking and sealing the premises shall be done only after 30 days of the
notice under Section 56 of the Act. But in the instant case, the time limit
mentioned in the notice is 15 days. On receipt of the said notice, the
petitioner had also taken steps to submit revised plan for regularizing the
existing construction. While such application is pending, the respondents 1
and 2 with regard to certain non F.S.I. areas added the same in the total
constructed area and quoted the deviations and violations for proceedings
with coercive action of locking and sealing and hence, such notice and
particulars are incorrect. Nevertheless as provided under Section 80-A of the
Town and Country Planning Act, as against the locking and sealing notice
issued by the respondents 1 and 2, the petitioner has moved the
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Government by filing Special Revision Petition as well as stay petition under
Section 80-A of the Act, on 18.01.2019 and the same is still pending for
consideration. The petitioner has remedy to file Special Revision Petition
under Section 80-A of the Act to the Government and during pendency of
such appeal, no coercive action of locking and sealing or demolition shall be
initiated by the appropriate planning authority. In the instant case, though
the respondents 1 and 2 are aware of the revision petition under Section 80-
A and revised plan, every now and then, they come to the petitioner
premises situated at 13/1, 2A – Vallam Road, Thanjavur and threatened to
initiate locking and sealing action. Hence, the petitioner has filed this
present writ petition.
3.Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for the respondents and perused the materials
available on record.
4.On perusal of the records, it is seen that the petitioner's application
under Section 80-A of the Town and Country Planning Act, is pending
before the third respondent. Hence, we direct the third respondent to
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consider the Special Revision Petition, dated 18.01.2019, filed by the
petitioner and pass necessary orders, on merits and in accordance with law,
after affording an opportunity of personal hearing to the petitioner, on or
before 28.02.2019. Till the disposal of the said revision petition, the
respondents shall not take any coercive action against the petitioner
premises.
5.With the above directions, this Writ Petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
[R.P. S . J . ,] & [B.P. J . ,]
2 9. 0 1 . 2 0 1 9
Index : Yes/No
Internet : Yes/No
rj2
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To
1.The Member-Secretary,
Local Planning Authority,
No.33, 4th Street,
Rajappa Nagar, Medical College Road,
Thanjavur – 613 007.
2.Thanjavur Corporation,
Represented by its Commissioner,
Thanjavur.
3.The Government of Tamil Nadu,
Represented by its Secretary to Government,
Housing and Urban Development Department,
Secretariat, Chennai – 600 009.
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R. S U B B I AH, J.
AND B.PU G A L E N D HI, J.
rj2 ORDER MADE IN W.P.[MD].No. 1 6 7 7 of 2 0 1 9 2 9. 0 1 . 2 0 1 9 http://www.judis.nic.in