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(The Order of the Court was made by S.Vaidyanathan, J) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the third respondent herein to consider the petitioner's representation dated 05.06.2015, 06.06.2016 and reminder representation dated 02.07.2017 and comply with the order dated 25.08.2014 made in Ka.Vi.No.17/2005/F1 building permission No.45/2005/F1 passed by the third respondent.

2. It is the case of the petitioner that the fourth respondent was the absolute owner of the five-floor commercial complex building bearing S.No.500/8 (T.S.No.50, Ward-D, Block No.43), which is situated in Attur Town and Taluk, Salem District. The fourth respondent has constructed the commercial complex with five floors without obtaining planning permission from the respondents 1 to 3 and that the fourth respondent has suppressed the total extent of the property and that the planning permission for the said building was granted for ground and first floors only. The planning permission was granted for construction of 8300 Sq.Ft., but the fourth respondent, without obtaining any permission, has constructed 33,300 Sq.Ft. As the entire building is constructed in violation of the plan, a notice was issued for removal of the unauthorised construction within seven days. The petitioner submitted that without any other alternative remedy, he has made representations to the authorities and that the same may be considered.

6. From the report filed by the third respondent-Commissioner of Attur Municipality, it is seen that the fourth respondent-T.Kandhasamy, who is the owner of the building "Sri Raj Krishna Residency", initially constructed a commercial complex building in basement floor, ground floor, first floor, second floor and third floor and submitted a building plan to Attur Municipality on 07.02.2005. The building plan was perused by the Attur Municipality, and a letter was sent to Deputy Director of Town and Country Planning, Salem, to get clarification for giving approval. The Deputy Director of Town and Country Planning, Salem has given a clarification that since the building is planned with basement floor, the building application proposal should be made to the Deputy Director of Town and Country Planning, Chennai and the matter was intimated to the fourth respondent by the Attur Municipality on 28.04.2005. Further, after getting the intimation letter, the fourth respondent/building owner has changed his earlier proposal and gave a building application to Attur Municipality for construction of commercial building in the ground and first floor only on 29.04.2005 and the building plan was perused and the approval was given by the Attur Municipality in Building Licence No.45/2005/F1, dated 25.05.2005.

8. Since the building constructed comes within the purview of the Deputy Director of Town and Country Planning, Chennai and beyond the limit of the Municipality, again, the Municipality issued the deviation notices under Sections 205(1)(2) and 205(3) of the Tamil Nadu District Municipalities Act, 1920, on 14.08.2014 and 25.08.2014 respectively, and the fact was intimated to the Deputy Director of Town and Country Planning, Salem in R.O.C.No.3930/2014/F1, dated 13.11.2014. After receipt of the letter, the Deputy Director of Town and Country Planning, Salem, did not agree with the request of the fourth respondent and issued Lock and Seal Notice under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 to the fourth respondent on 17.11.2014. Now, the building owner/fourth respondent submitted an application under the Unauthorised Building Regularisation Scheme, 2017 on 11.07.2017, under G.O.(Ms).No.110, Housing and Urban Development Department, dated 22.07.2017 to the Deputy Director of Town and Country Planning, Salem, through the Attur Municipality. The above building regularisation application was forwarded to Deputy Director of Town and Country Planning, Salem on 21.08.2017. Further, a letter was written from Attur Municipality to the Deputy Director of Town and Country Planning, Salem on 05.09.2017 requesting to take immediate action of locking and sealing the illegally constructed building, as per the notice already served by the Deputy Director of Town and Country Planning, Salem on 13.11.2014 as earlier as possible.

20. It is needless to mention that the authorities must take note of the above decisions of the Supreme Court before granting any regularisation of the construction of the building/for building planning permission, etc. (M.V.J) (S.V.N.J) 13.02.2018 Index: Yes Internet: Yes Speaking Order cs To

1. The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai-600 005.

2. The Zonal Director, Directorate of Town and Country Planning, Salem Region, 5, Sannathi Street, Salem District, Tamil Nadu-636 005.