(Order of the Court was made by the Hon'ble Chief Justice) The petitioner claims to be an absolute owner of the commercial-cum-residential flat in the adjacent property and is aggrieved by the alleged unauthorised construction made by respondent No.3. The pleadings would show that there appears to be dispute between respondent No.3 and the builder and the allegation of respondent No.3 is that in respect of another property of respondent No.3, the petitioner has been set up to settle the scores, which allegation is sought to be denied by the petitioner.
2. In our view, the question would be whether the building of respondent No.3 is in accordance with the approved layout plan, which is stated to be of ground plus four floors. The notice placed on record dated 2.8.2012 suggests that it is not so. The learned counsel for respondent No.3 states that there was an unapproved swimming pool, which has been demolished and that he has filed a revised plan.
3. To put the controversy to rest, it is directed that a fresh inspection be carried out of the property of respondent No.3 by respondent No.1 and if there are still violations of the planning permission found, the same should be intimated to respondent No.3. This exercise be completed within a period of one month from the date of receipt of the copy of this order. Dependant on the fate of the inspection, respondent No.3 may be required to take necessary steps to either remedy the position or to obtain the sanction for any deviation if permissible, failing which the respondent authorities would naturally proceed against the property in question.
4. The writ petition, accordingly, stands disposed of. No costs.
(S.K.K., CJ.) (M.S., J.) 02.01.2017 Index : No Internet : Yes bbr To:
1.The Assistant Director (G), Directorate of Town and Country Planning, 13, Varadharasan Street, Chengelpet-1.
2.Thandalam Panchayat, rep. by its President, Kancheepuram District.
3.The Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002.
THE HON'BLE CHIEF JUSTICE AND M.SUNDAR, J.
bbr W.P.No.39545 of 2015 02.01.2017 http://www.judis.nic.in