B. SARAVANAN Vs. SECRETARY

JUDGEMENT

(1.) The petitioner would state that land and building admeasuring an extent of 1520 square feet in Survey No 461/23, Old Survey No 102/1, Door No. 27, Ward No. 4, Narasingapuram, Attur Taluk, salem district, consists of ground + two floors, settled by his father in favour of the petitioner, vide registered Settlement Deed bearing Doc.No.1393/2012 dated 26.03.2012, registered on the file of the Sub Registrar at Athur Taluk and the revenue records have also been mutated in his favour. It is the case of the petitioner that first and second floors are used for residential purpose and ground floor is let out for running grocery / provisional stores.

(2.) The petitioner would further state that the superstructure came into being about 20 years back and the learned counsel appearing for the petitioner would submit that the 4 th respondent, on an earlier occasion, had issued a lock and seal notice dated 20.11.2020, by invoking Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 and thereafter, the petitioner applied for Planning Permission on 11.12.2020, under Section 49 of the TCP Act, 1971, before the 1 st respondent and the same is pending consideration on the file of the 3 rd respondent. The petitioner by way of abundant caution, also filed a Special Revision / Appeal before the 1st respondent, by making a challenge to the above said notice dated 20.11.2020, along with petition for interim orders.

(3.) The learned counsel appearing for the petitioner would submit that for taking action against the petitioner, one Mr.K.Rajendran had filed W.P.No.18953 of 2020 and it was given disposal on 15.12.2020 by this Court, by directing the 3 rd respondent to proceed further in terms of the notice dated 08.10.2020, subject to legal interdict, if any and take appropriate action and complete the exercise within the stipulated time frame and it has also been observed that the merits of the claim projected by the petitioner therein, have not been gone into.