THARAKARAM Vs. STATE OF TAMIL NADU AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.T.M.Pappiah, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr.K.Soundararajan, learned Standing Counsel accepts notice on behalf of the 2nd respondent.

(2.) Thiru J.Hari Kumar, Managing Partner of M/s.Vasavi Builders and Promoters, claims to be the Power of Attorney Holder of the Principal, viz., Tharakaram, and Planning Permission was accorded to construct Stilt + Ground Floor part + 2 Floors way back in the year 2013 and it is in occupation and enjoyment of the Power of Attorney Holder. The said property/superstructure was also subjected to statutory levies. However, to the shock and surprise of the petitioner, he was issued with the Locking and Sealing Notice dtd. 18/1/2018, pointing out certain deviations in front and rear set backs as well as floor violation. Hence, the 2nd respondent has issued the Locking and Sealing Notice dtd. 18/1/2018 in letter No.4659/UD-VI[2]/2017-3. The petitioner, challenging the legality of the same, filed a Review Petition dtd. 1/2/2018 under Sec. 81 of the Tamil Nadu Town and Country Planning Act, 1971, along with a petition for stay and however, neither the petition for stay nor the main revision petition is yet to be taken up for hearing and apprehending dispossession and demolition, the petitioner came forward to file the present writ petition.

(3.) The learned counsel for the petitioner has drawn the attention of this Court to the photographs and would submit that already the Ground Floor has been sealed and rest of the floors are purely used for residential purposes and in the event of Locking and Sealing Notice being implemented and premises is demolished, the occupants will be put to grave hardship and difficulty and prays for appropriate orders, directing the 1st respondent to dispose of the revision petition at an early date.