Nadu Town and Country Planning Act, 1971, the Government, represented by its Secretary, Rural Development and Local Administration Department or Secretary, Housing and Urban Development Department or any other authority concerned, takes his/her sweet time to decide the issue, even though there are specific directions to decide the matter within a time limit. Not hearing the applicant/complainant on the ground that the High Court order is silent to hear the applicant/complainant or there is no provision to hear the applicant/complainant, would be fatal, if there is illegal construction/encroachment/violation of plan, etc., as the complainant would be the best person to bring to the attention of the authorities about the violation of plan/illegal construction/encroachment. No prejudice is going to be caused to any one if the applicant/complainant is heard. This Court makes it clear that whenever such applications are pending, while hearing the applicant/complainant, if any other person will have to be heard before arriving at a decision, that person will also have to be heard and, as the plan will throw better light on the issue, the Rural Development and Local Administration Department Secretary/Housing and Urban Development Department Secretary/any other authority concerned of the State of Tamil Nadu shall demand authorised plan and ascertain from the person concerned as to whether the construction has been made as per the plan, leaving proper set back, and decide the issue after hearing the applicant/complainant and after getting comments from the CMDA and the Corporation in all pending matters.
