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Showing contexts for: Building deviation in T.Starling vs The Government Of Tamil Nadu on 25 August, 2014Matching Fragments
3. The learned Senior Counsel appearing for the petitioner has submitted that even though the lock and seal order was challenged by the petitioner in an appeal before the Secretary to Government, Housing and Urban Development, the 1st respondent herein on 09.10.2013, the petitioner has sent a letter on 21.8.2014 by registered post withdrawing the said appeal and the appeal preferred by the petitioner may be treated as withdrawn.
4. In the affidavit filed in support of the writ petition, the petitioner has stated that if the premises is de-sealed and allowed to be occupied, the petitioner will rectify the deviations within a period of six months and bring the building as per the specification mentioned in the approved plan.
5. At this juncture, the learned Senior Counsel for the petitioner submitted that even though six months time is prayed to rectify the deviations and bring the building as per the specification mentioned in the approved plan, the petitioner will be in a position to rectify the deviations and restore the building as per the approved plan, if four months time is given. The said submission of the learned Senior Counsel for the petitioner is recorded.
6. In the light of the said submission, the writ petition is disposed of with a direction to the 2nd respondent to remove the seal put up by them in respect of the premises in T.S.No.7352/2, Block No.130 of T.Nagar village, Chennai for a period of four months from the date of receipt of a copy of this order, so as to enable the petitioner to rectify the deviations. The petitioner is directed to rectify the deviations and restore the building in tune with the approved plan, within the period of four months from the date of removal of the seal by the 2nd respondent. It is made clear that if the deviations are not rectified and the building is not restored as per the approved plan, it is open to the 2nd respondent to inspect and initiate proceedings for sealing the said premises. No costs.