PRABHA MANDOT Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners challenge the order of the 1st respondent dated 20.07.2018 made in appeal filed under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971.

(2.) The petitioners had put up a multi-storied residential building at Old Door No.5, New Door No.10 Rathinasabapathy Street, Old Washermanpet, comprised in R.S.No.3734/52, 3734/85, Block No.56 of Tondiarpet Village, Chennai - 18 after obtaining a planning permission. The construction was inspected by Enforcement Cell of Chennai Metropolitan Development Authority on 15.09.2010. Since it was found that the construction was being done without an approved plan the Authorities issued a stop work notice on 15.09.2010. Despite the stop work notice the construction proceeded further forcing the Authority to issue a lock and seal notice on 02.11.2010. The lock and seal notice also gave the details of violations as follows: <FRM>JUDGEMENT_578_LAWS(MAD)10_2018_1.html</FRM>

(3.) It appears that the petitioners submitted an application for planning permission after the issuance of lock and seal notice on 29.12.2010. The same was returned un-approved on 02.03.2011 stating that the permission sought for does not reflect the construction made as on site. The father of the 9th petitioner herein approached this Court in WP.No.15305 of 2011 seeking a mandamus directing the respondents to remove the lock and seal to enable him to carry out the removal of the violations and to rectify the deviations.