UDHAGAMANDALAM MUNICIPALITY Vs. GOOD SHEPHERD PUBLIC SCHOOL

JUDGEMENT

(1.) THE appellant in all the appeals filed the suit for permanent injunction restraining the respondents from putting up further construction and for mandatory injunction to remove the construction put up by the respondent without getting permission from the appellant.

(2.) ACCORDING to the appellant, the respondent/school is situate within the 200 meters from the Ootacamund Lake and therefore as per Rule 10 of the Tamil Nadu Hilly Areas Special Building Rules, 1981, the respondent cannot put up the construction without getting the permission from the appellant and the respondent without getting proper permission put up the construction and therefore notice was issued under Section 216 (1) and (2) of the Tamil Nadu District Municipalities Act and the respondent sent reply which was not acceptable, and thereafter started construction and hence, the suit was filed for the reliefs prayed for.

(3.) DURING the pendency of the suit, Chapter XA was introduced into the Tamil Nadu District Municipalities Act by Tamil Nadu District Municipalities (Amendment) Act, 1992 (Act 58 of 1992) and in pursuant to Section 217-C, Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993 was also passed and on the basis of the provisions of the Act 58 of 1992 and the Rules framed thereunder, trial Court held that the appellant has no power to take action and Civil Court has no jurisdiction to deal with the matter as per the provisions of Section 217-N and therefore, the suit is not maintainable and dismissed the suit.