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(By S.VAIDYANATHAN,J.) "The petitioner, taking advantage of the Court proceedings moving at snail's pace has audacity to construct 30,373.886 sq.ft. in excess in utter violation of the sanctioned plan and thereafter pulls this Court to his rescue so as to make law abiding citizens a laughing stock."

This Writ Petition has been filed, seeking to quash the impugned proceedings (notice) vide Na.Ka.No.MA2U3/000505/2023 dated .05.2023, in and by which, notice was issued to the petitioner to lock and seal the building on the ground that the building was constructed without any approval and there was deviation of construction. A direction was also sought for removal of the lock and seal after getting revised plan and completion of other formalities under the relevant Act.

https://www.mhc.tn.gov.in/judis Hence, it was prayed that the impugned order / notice is liable to be set aside with a suitable direction to the concerned respondents to forthwith remove the lock and seal.

5. Per contra, learned Special Government Pleader contended that on inspection, it was found that the construction was carried out in contrary to the plan sanctioned to the petitioner and the petitioner, having been aware that there was a violation in construction of the building, proceeded intentionally without bothering about the deviation. Once there was a deviation, the question whether it could be regularized or not can be decided only by the respondents, as it is within the realm of the respondents and the petitioner cannot be permitted to proceed on the presumption that the deviation is curable and feasible to be set right. It was strenuously contended that no leniency can be shown to the petitioner and the impugned order / notice warrants no interference by this Court. The contention raised by the learned Special Government Pleader was reiterated by the learned counsel for the 2nd Respondent.

8. One Square Metre is equal to 10.764 sq.ft. A close scrutiny of the order of the respondent impugned herein unravels the fact that though plan was sanctioned to construct the building within the area of 1,413.91 sq.mts. (15,219.327 sq.ft.), the building was constructed in 4,183.85 sq.mtrs. (45,034.961 sq.ft.), and to be more precise, the excess area under deviation after completion of construction of the building was 2821.71 sq.mtrs (30,372.886 sq.ft.) and the violation was noted to be double the time than what was sanctioned originally. The submission put forth by the petitioner that there is only rectifiable violation, as stated in Paragraph No.3 of the affidavit is an act of bamboozle to retain the violated portions.

12. It is apposite to point out here that our legal system is very slow and the violators like the petitioner, taking undue advantage of the same, construct the building in deviation of the plan with the hope that law will not take its recourse so sooner or https://www.mhc.tn.gov.in/judis faster. The petitioner, having filed an appeal before the 2nd respondent, approached this Court without waiting for an order to be passed thereon and the request made by the petitioner now that he may be permitted to approach the concerned authority cannot be allowed for the reason that no purpose is going to be served, when the violation was specifically accepted by the petitioner himself in Paragraph No.3. On technicality, the petitioner is trying to ensure that the violation is not rectified and in our view, there was no violation in issuance of notice of lock and seal, as the petitioner had not taken any steps to rectify the defects when the construction was in progress and after completion of the construction, he sheds crocodile tears, which is not permissible. To make no mistakes is not in the power of man, but from their errors and mistakes, the wise and good learn wisdom for the future.