Mrs.M.T. Akitha, v. The Member Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 29.08.2017 Pronounced on : 13.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.8718 of 2015 and M.P(MD)No.1 of 2015 M.T.Akitha through power of Attorney R.Mohanraj ... Petitioner vs.

1. The Member Secretary, Nagercoil Local Planning Authority, 11-A, Raman Pillai Street, Ramavarmapuram, Nagercoil - 629 001

2. The Municipal Commissioner, Nagercoil Municipality, Nagercoil - 629 001.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India, Writ of Certiorari, to call for the records of the first respondent in Na.Ka.No.08/2015, Notice No.07/2015 Na.Oo.Thi.Ku, dated 09.03.2015, pertaining to the property situated at R.Sy.No.P2/22-1, P2/22-3, K.P.Road, Nagercoil is concerned and quash the same.

For Petitioner : Mr.Mubarak for M/s.Ahmed Associates For Respondents : Mr.M.Govindan, Spl. Govt. Pleader for R1 P.Aathimoolapandian for R2

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The petitioner questions the impugned proceedings issued by the Local Planning Authority, Nagercoil.

2.The case of the petitioner is that the building in question was put up only after obtaining approval from the Nagercoil Municipality.

3.The first respondent has filed a typed set of papers, in which the deviations in respect of the building in question has been set out in a tabulated format. The same is as under:

Approval Details Violation Details Approval

Present

Sl.

No Description of rule

Present

condition at site Viola tion District Municipal Building Rules, 1972 1.

11(4) 1/4th set back Not provided 100% No approval Cellar + Ground + floors 11(2)(a) front set back Not provided 100% 2.

12-Parking provision Not provided 100% 14(1) 1/8 ventilation Not provided 100% 3.

15(2)(g) stair case ventilation Not provided 100% 4.

14(3) window provision 1.75 x 2.50 m Not provided 100% Special Building Rules 1.

9 F S.I. - 1.50+20% =1.80 2.08 100% 2.

Plot Coverage 65% 70% 100% 6.

11(1)(b)Front set back 7.00 set back East 2.10m West1.80m Rear set back - 2.40 in Less 70% less 60% less 80% 7.

13 Parking facilities Required -17 Provi ded 7-42% 4.The petitioner has not filed any rejoinder controverting the aforesaid allegations made by the authority with respect to the deviations committed by the petitioner.

5.We have heard the learned counsel on either side and perused the materials available on record.

6.The impugned communication merely calls upon the petitioner to remove the unauthorised constructions.

7.Though in the affidavit filed in support of the petition, the petitioner has contended that the building was constructed

after taking permission from the local planning authority, the deviations highlighted in the counter affidavit has not really been explained by the writ petitioner.

8.In any event, there is a statutory remedy available to the petitioner under Section 80(A) of the Tamil Nadu Town and Country Planning Act, 1971. The petitioner without resorting to the specific remedy available under the Act, has rushed to this Court and obtained an interim order.

9.The Hon'ble Supreme Court in Dipak Kumar Mukherjee Vs. Kolkatta Municipal Corporation (2013 (5) SCC 336) observed that illegal and unauthorised construction of buildings and other structures not only violate the Municipal Laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. 10.The building in question is used by the public. It is a commercial building. Since the public are using the building, it must have a structurally sound building. There is nothing on record to see that the building was constructed in adherence to the safety standards. In any case, the local authority was correct in taking enforcement action. We are therefore of the view that there is no ground made out in this writ petition. We therefore dismiss the writ petition. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Member Secretary, Nagercoil Local Planning Authority, 11-A, Raman Pillai Street, Ramavarmapuram, Nagercoil - 629 001

2. The Municipal Commissioner, Nagercoil Municipality, Nagercoil - 629 001.

+1cc to M/s.Ahmed Associates,Sr.No.54852 +1cc to Spl.Government Pleader Sr.No.55718 VB/SKN/RSK/SAR4/19/04/2018/3P/5C Order made in W.P(MD)No.8718 of 2015 and M.P(MD)No.1 of 2015 13.03.2018