‘Cut water, power during trial in plan violation cases’

A division bench comprising Justice M Venugopal and Justice S Vaidyanathan on directing the appellate authority to consider the appeal on merits by providing an opportunity of hearing to the parties concerned including the complainant, said, “Till such appeal is decided finally one way or the other, the violated portion of the premises in question shall be kept under ‘lock and seal.’ That apart, electricity supply and water connection will have to be disconnected.” The petitioner Saralabai had contended that the land in question belongs to Chenna Kesava Perumal Devasthanam and that she had purchased a super structure from the erstwhile owner. But she was not aware that the construction was made in violation of the plan. Since, a lock and seal notice was issued by the Executive Engineer, Zone-V, Corporation of Chennai, she moved the High Court seeking to issue a writ of mandamus seeking to forbear the Corporation from interfering with the peaceful enjoyment of her premises at Perumal Koil Garden in Kondithope. 

However, the bench on recording the aspect that though the writ petition is couched as requiring the court to restrain the Corporation from interfering with the peaceful possession of the property, but indirectly, the petitioner is challenging the lock and seal notice issued on December 01, 2017, said, “Since the appeal is pending before the appellate authority under the Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, we are of the view that the appellate authority shall decide the appeal within certain time limit.” It also directed the Tangedco and CMWSSB to disconnect supply to the premises in question.