A SHAFI MOHAMED KHAN Vs. SECRETARY

JUDGEMENT

(1.) By consent, this Writ Petition is taken up for final disposal.

(2.) The petitioners would aver that the property bearing Plot No.2543, Door No.112, AH Block, IV Street, Shanthi Colony, Anna Nagar, Chennai-600040, comprised in T.S.Nos.23 and 24, admeasuring to an extent of 1 ground 1050 sq.ft. was originally allotted to their father late Mr.Adam Khan by the Tamil Nadu Housing Board and he died intestate on 29.12.1997, leaving behind his wife and children as his legal heirs. The wife of late Adam Khan, in-turn, executed Settlement Deed in favour of her children with varying undivided shares of land and therefore, the petitioners became owners to the property of their respective undivided shares. Subsequently, the petitioners entered into Joint Venture Agreement with a builder, namely Anirudh Foundations Pvt. Ltd., for construction of six dwelling units. The petitioners would further aver that earlier they were issued with de-occupation notice dated 11.03.2016 by the Executive Engineer (Enforcement-Region Central) and challenging the same, they filed a Special Revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 [in short TCP Act] before the first respondent, who, vide Letter No.3948/UD-VI(2)/2017-8 dated 21.04.2017, has ordered de-sealing of the premises for a period of one month so as enable the petitioners to carry out rectifications and submit an appeal to the Government under Section 113 of the TCP Act and the first respondent, vide G.O.(3D)No.130, Housing and Urban Development [UD-V] Department dated 26.07.2017, has rejected the appeal filed by the petitioners. Challenging the legality of the same, the petitioners have filed the present writ petition.

(3.) The learned counsel appearing for the petitioners would submit that the deviations are only minimal in nature and are within the condonable limits and rectifications have already been carried out by M/s.Anirudh Foundations Pvt. Ltd., and they have also submitted a representation bring out the said fact and the first respondent, vide communication dated 05.12.2017, has directed the Chennai Metropolitan Development Authority (CMDA) to offer their remarks, followed by a reminder dated 26.12.2017. The learned counsel appearing for the petitioners would further submit that to the shock and surprise of the petitioners, the fourth respondent has issued a de-occupation notice dated 02.03.2018 in Notice No.REGION/CENTRAL/ PENF/1374/2018 under Sections 56, 57 read with Section 85 of the TCP Act and aggrieved by the same, they filed a Special Revision Petition under Section 80-A of the TCP Act along with petition for Stay under Section 80-A(3) of the said Act.