Petitioner challenged lock and seal on property citing pandemic Hindrances. Court applied Supreme Court orders excluding pandemic period from limitation and granted three months for rectification defecs with one week to de-seal.
Order permitted second respondent to de-seal property within one week and granted petitioner three months to rectify defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.9052 of 2022
K.Kumar ... Petitioner
vs
1.The Commissioner,
The Greater Chennai Corporation, Ripon Building, Chennai – 600 001.
2.The Executive Engineer, Zone-4, The Greater Chennai Corporation, Ripon Building, Chennai – 600 001. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to forthwith remove the lock and seal in the petitioner's property situated at Old No.11 and Old No.12, New No.03 Ajees Nagar, Ennore High Road, Tondiarpet, Chennai – 600 081, so as to enable the petitioner to carry out the rectification of the building and getting approval from the respondents in consonance with the present Tamil Nadu Combined Development and Building Rules 2019, on the basis of the petitioner's representation dated 02.04.2022.
For Petitioner :Mr.L.Chandrakumar
For Respondents :Mr.K.Raja Shrinivas, Standing Counsel for Corporation
ORDER
[Order of this Court was delivered by T.RAJA, J.]
Mr.K.Kumar, the petitioner herein has come to this Court with this petition for issuance of a writ of Mandamus under Article 226 of the Constitution of India seeking a direction to the respondents to forthwith remove the lock and seal in his property, situated at Old No.11 and Old No.12, New No.03 Ajees Nagar, Ennore High Road, Tondiarpet, Chennai – 600 081, so as to enable him to carry out the rectification of the building and get approval from the respondents in consonance with the present Tamil Nadu Combined Development and Building Rules 2019, on the basis of his representation dated 02.04.2022.
2.Learned counsel appearing for the petitioner submitted that the petitioner has become the owner of the subject property, which is 37 years old superstructure, situated at Old No.11 and 12, New No.03, Ajees Nagar, Ennore High Road, Tondiarpet, Chennai-600 081, having purchased the same from his vendors vide registered Sale Deed Nos.367/2011, 1816/2012 and 3321/2011 dated 02.02.2011, 23.05.2012 and 21.09.2011 respectively. From the date of purchase, the petitioner has been in peaceful possession and enjoyment of the same with electricity and water connection and all infrastructure facilities. Since the old building was in a dilapidated condition, the petitioner had put up ground plus two floors building for their clinic purposes. However, the petitioner has also taken steps to apply under the regularisation scheme, since the old superstructure was in a dilapidated condition and was removed subsequently. While so, the second respondent issued a lock and seal and demolition notice dated 26.07.2021 alleging un-authorised construction, calling upon the petitioner to produce necessary plan for the aforesaid property, for which, he had given a detailed reply, narrating the material facts. In spite of the reply, the second respondent issued the locking and sealing notice calling upon the petitioner to restore the land to its condition before the construction took place, within 30 days from the date of receipt of the above notice, failing which, further action will be taken under the provisions of Section 57(4) of the Tamil Nadu Town and Country Planning Act to seal the building. Learned counsel for the petitioner further submitted that the petitioner, before putting up ground + 2 floors building, should have obtained planning permission, which has not been done. Therefore, on receipt of the impugned lock and seal notice, he has been advised to come to this Court to
carry out rectification of the defects pointed out by the respondents and if the petitioner is given four months' time to rectify the defects, no prejudice would be caused to anyone.
3.Learned Standing Counsel appearing for the respondents submitted that without getting prior permission from the competent authority, the petitioner had raised ground + 2 floors building.
4.Since the petitioner has given representation dated 02.04.2022 requesting the competent authority to grant time to carry out the rectification of the defects and the lock and seal and demolition notice dated 26.07.2021 issued by the competent authority, falls during the Covid-19 pandemic situation, now the petitioner is entitled to the exclusion of Covid-19 pandemic period, in view of the order passed by the Hon'ble Apex Court, taking suo motu cognizance of the situation arising out of COVID-19 pandemic and in exercise of powers conferred under Article 142 read with Article 141 of the Constitution of India, in a Suo Motu Writ Petition (Civil) No.3 of 2020 dated 23.03.2020, ordered that a period of limitation in all such proceedings irrespective of the limitation prescribed under the General Law or Special Laws whether condonable or not shall stand extended with effect from 15.03.2020 till further orders to be passed by the Hon'ble Apex Court. The relevant portion of the said order passed by the Hon'ble Apex Court is extracted below:-
'1.This Court has taken suo motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under special laws (both Central and/or State).
2.To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/ Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings.'
5.Again on 10.01.2022, the Hon'ble Apex Court in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020, taking into consideration the arguments advanced by learned counsel and the impact of the surge of the virus on public health and adversities faced by litigants in the prevailing conditions, has given the following directions:
'I.The order dated 23.03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.
II.Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022.
III.In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022.'
6.As we are bound by the above orders passed by the Hon'ble Apex Court, condoning the delay occurred during the Covid-19 pandemic period, bearing in mind that the delay occurred in the present case is during the said pandemic time, this Court, accepting the request made by the petitioner, is inclined to grant three months' time to rectify the defects in the ground + 2 floors building. Accordingly, the second respondent is hereby permitted to de-seal the property within a period of one week from the date of receipt of a copy of this order. Thereafter, the petitioner is granted three months' time to carry out the rectification. With the above observation, this writ petition stands disposed of. No costs.
SD/-
ASSISTANT REGISTRAR
// TRUE COPY //
SUB ASSISTANT REGISTRAR
vga
To
1.The Commissioner, The Greater Chennai Corporation, Ripon Building, Chennai – 600 001.
2.The Executive Engineer, Zone-4, The Greater Chennai Corporation, Ripon Building, Chennai – 600 001.
+1cc to Mr.K.Rajasrinivas, Advocate Sr.25273 +2cc to Mr.L.Chandrakumar, Advocate Sr.25149
W.P.No.9052 of 2022
spd[co] srg 27/04/2022
2 issues framed by the court
Whether the petitioner is entitled to time extension for rectification of building defects due to the COVID-19 pandemic.
Whether the lock and seal on the petitioner's property can be temporarily removed to enable rectification work.
Colour shows how this judgement treated each authority
Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020Applied¶26
4 provisions across 3 enactments
K.Kumar
The Commissioner, The Greater Chennai Corporation
The Executive Engineer, Zone-4, The Greater Chennai Corporation
T.RAJA
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.RAJA and S.SOUNTHAR
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