Make representation before challenging lock & seal notice: HC

The bench passed the order on dismissing a petition filed by John Kirubasamy, a petitioner from Katpadi.
High Court
High Court

CHENNAI: A division bench of Justice VM Velumani and Justice R Hemalatha directed a litigant to make representation before the concerned local body authority and then approach the High Court to challenge the lock and seal notice issued by the officer.

The bench passed the order on dismissing a petition filed by John Kirubasamy, a petitioner from Katpadi.

The petitioner challenged the lock and seal notice issued by the assistant commissioner, Vellore Corporation. The notice was issued under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971 for making constructions in deviation from the plan approved by the local body administration.

When the matter was taken up, the bench made it clear as per the law, in the case of serving notice under Sections 56 and 57 of the TN Town and Country Planning Act, 1971, the petitioner should make representation before the authority under Section 56 (3) of the Act for retention of the construction.

"The petitioner, without availing the effective remedy, has approached this court. Hence, this Writ Petition is not maintainable," the judges ruled.

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