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R.Lakshmanan vs 4 Mr.Venkatesan

Madras High Court|14 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal. Mr.A.Kumar, learned Standing counsel accepts notice on behalf of the 1st respondent and Mr.A.Nagarajan, learned Standing counsel accepts notice on behalf of the respondents 2 and 3.
2 The petitioner is the son of the Power of Attorney Agent, who has sworn to the affidavit on behalf of the writ petitioner and she would aver that her son is the absolute owner of the house, ground and premises bearing Plot No.MIG-B-17, 2nd Cross Street, Kurunji Nagar, Ramapuram, Chennai-600 089 and it was promoted by the Tamil Nadu Housing Board and originally, the sale in respect of the said plot was executed in favour of Tmt.K.R.Rajalakshmi, vide Document No.2423/2007 dated 06.08.2007 and from her, the son of the petitioner had purchased the property through a registered Sale Deed bearing Document No.1618/2008 dated 04.09.2008 registered on the file of the office of the Joint Sub-Registrar-II, Saidapet. The grievance expressed by the petitioner is that the 4th respondent is the owner of the adjacent Plot  MIG-B18 and without any planning permission, has put up an unauthorized construction consisting of Ground+First+Second Floors and thereby, blocking the free passage of air and light in her property and in this regard, a representation dated 16.06.2017 was submitted by the petitioner to the official respondents and despite receipt and acknowledgment, so far no orders have been passed and hence, the petitioner is constrained to approach this Court, by filing the present writ petition.
3 The learned counsel for the petitioner has invited the attention of this Court to the photograph available at page No.36 of the typed set of documents and would submit that the said construction has been put up without leaving any set back and it is also unauthorized and as such, the easementary right of light and air to the petitioner premises for the convenient enjoyment and living is prevented and hence, prays for appropriate orders 4 The Court heard the submission of Mr.A.Kumar, learned Standing counsel appearing for the 1st respondent and Mr.A.Nagarajan, learned Standing counsel appearing for the respondents 2 and 3 and also perused the materials placed before it.
5 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the claim projected by the petitioner, directs the officials of the respondents 1 and 3 to put the petitioner as well as the 4th respondent on notice and thereafter, cause a joint inspection of the offending construction said to have been put up by the 4th respondent within a period of four weeks from the date of receipt of a copy of this order and depending upon the result of the said inspection the respondents 1 and 3 shall take action on merits and in accordance with law within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner as well as to the 4th respondent herein.
6 The writ petition stands disposed of with the above direction. No costs.
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Title

R.Lakshmanan vs 4 Mr.Venkatesan

Court

Madras High Court

JudgmentDate
14 November, 2017