P. HENDRY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue a writ of Mandamus, directing the respondents to de-seal the premises by name J.H.Residency, Bear Chola Road, comprised in TS.No.9/3 and 9/4 of Block No.11, Ward No.C, Kodaikanal, so as to enable the petitioner to bring the building within the Planning Parameters in respect of the Primary Residential Use Zone Category and also the Petitioner be permitted to use the buildings only for the uses permitted under the Primary Residential Use Zone Category as mentioned in Appendix-A(III), Primary Residential Use Zone- Parameters mentioned in the Modified Master Plan for Kodaikanal Local Planning Area.

(2.) It is the case of the petitioner that the fourth respondent had locked and sealed the premises of the petitioner for the reason that a commercial building was constructed in the above mentioned land contrary to the original building plan approval which was only for residential purpose.

(3.) It is the case of the fourth respondent that the lands in T.S.Nos.9/3 and 9/4 are classified as Primary Residential Zone and therefore, no commercial building is permitted.