J. AMALA HEPZIBAH Vs. STATE AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice for the 1st respondents and Mr.Sountharajan, learned Standing Counsel accepts notice for respondents 2 and 3.

(2.) The petitioner claims to be the owner of the premises bearing Old No. 87, New No. 110, Avadanam Papier Road, Choolai, Chennai-600 112 comprised in O.S.No.2004 part, R.S.NO.1865/2 admeasuring to an extent of 1870 Sq.ft (Souther Portion) out of 3094 Sq.ft, Block No. 29, Purasawalkam Village and Pruasawalkam, Perambalur Taluk. She applied for planning permission and she was accorded permission vide Planning permit No. PPA/WDCNO5/05381/2016 and Building permit No. BA/WDCNO5/02635/2017 dated 08.05.2017 to put up construction consisting of Ground and First Floor, however, the respondent has issued lock and seal notice dated 03.10.2017 pointing out the following deviations: <FRM>JUDGEMENT_1132_LAWS(MAD)6_2018_1.html</FRM> and calling upon the petitioner to secure the compliance report with the sanctioned plan within 30 days from the date of receipt of that notice and failing which, it was notified that action will be initiated under the relevant provisions of the Town and Country Planning Act, 1971. Challenging the legality of the said notice, he filed an appeal / special revision under Section 80-A of the Town and Country Planning Act, 1971 in C.N.No.6650 of 2018 along with petition for stay and it is said to be pending.

(3.) The learned counsel appearing for the petitioner would submit that despite entertainment of the appeal / Special Revision along petition for stay, further action is taken to demolish the superstructure and therefore prays for appropriate orders.