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Judgment
G.R.Swaminathan, J
The petitioner is a Society registered under the provisions of the Societies Registration Act. It had put up the building in question after obtaining permission from the second respondent Municipality. However, an additional floor was later put up in violation of the approved plan. Hence, notice under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 came to be issued by the Municipality on 05.02.2016. It was followed by the order dated 20.11.2017 for locking and sealing the premises. This is under challenge in this writ petition.
The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed in support of the writ petition.
We are of the view that the petitioner will have to confirm to the terms of the building approval. The petitioner cannot be allowed to put up an additional floor in violation of the plan. If the petitioner is willing to remove the offending construction, the second respondent can certainly permit him to do so. We permit the petitioner to submit a fresh representation to the second respondent and the second respondent is directed to pass order thereon within a period of four weeks from the date of receipt of a copy of this order.
It is made clear that the second respondent will have to ensure that the petitioner sticks to the terms of the planning and building approval. If the building is restored to the condition which would be in tune with the terms of the approval, the lock and seal can certainly be removed.
With the above observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.