K. MANI AND ANOTHER Vs. SECRETARY TO GOVERNMENT, URBAN AND HOUSING DEVELOPMENT CORPORATION AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice for respondents 1, 2 and 4 and Mr. A.S. Thambusamy, learned counsel accepts notice on behalf of 3rd respondent.

(2.) The first petitioner claims that he is the owner of the property bearing Door No.1019, South Udayarpalayam, Ulunderpettai Salai, Athur Taluk, Salem District and they purchased the same and they got right, title and possession of the property through a registered Settlement Deed bearing document No.7466/2011, dated 28.12.2011 registered on the file of the Sub Registrar Office, Athur Taluk, along with other properties.

(3.) The second petitioner had purchased the land through a registered Sale Deed bearing document No.3568/1997, dated 01.10.1997 registered on the file of the Sub Registrar Office, Athur Taluk. The petitioners would further state that they have put up construction in pursuance of the approved plan bearing approval No. F101/2013 dated 20.09.2013. The petitioners would further state that they have been issued with notice under Section 205 of Tamil Nadu District Municipalities Act, 1919, by the 3rd respondent to produce the approved plan and in pursuance of the same, they submit the revised plan for additional construction put up by them in the property and also paid necessary fees and the same has been received by the 3rd respondent. It is also further submitted by the petitioners, pending consideration of the revised plan submitted by them, Form I notice dated 26.07.2017 has been issued by the 2nd respondent by invoking Section 56, 57 and 85 of the Tamil Nadu Town and Country Planning Act, 1971 and also threatened to lock and seal the premises and it was immediately brought to the knowledge of the 2nd respondent about the submission of the revised plan to the 3rd respondent and simultaneously requested the 3rd respondent to expedite the process relating to the approval of the revised plan. The 3rd respondent has informed that the petitioners' revised plan has been forwarded to the 4th respondent and the 4th respondent has sent a communication date 12.09.2017 in Na. Ka. No.3141/2017/SM3 by directing them to submit the application in Check list format and it was also communicated to the 3rd respondent. Since the 2nd respondent threatening to take coercive steps in pursuant to the lock and seal notice dated 26.07.2017, they have invoked the revisional jurisdiction of the 1st respondent by filing Special Revision under Section 80-A of the Town and Country Planning Act, 1971 along with petition for stay and it was also received and acknowledged on the same day.