D. JAYANTHI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, in the affidvit filed in support of this writ petition, would aver among other things that she has purchased landed property measuring about 6 cents in S.No.775/1A1A1A1A1A1A of Ootacamund Town located in Elk Hill Road, Udhagamandalam, Tamil Nadu 643 001, through a registered Sale Deed dated 09.01.2002, bearing Doc.No.21 of 2002, registered on the file of the office of the Sub Registrar, Ooty. According to the petitioner, the area is a continguous zone and the width of the property is 39 feet and the length of the property on the Easter side is around 73 feet and 62 feet on the Western side and that, she and every one of her neighbours had also put up construction to the edge of the whole area and consequently, there is no possibility of having any space or area set back. The petitioner would aver that she obtained a Planning Permission in the year 2003 for putting up a superstrucutre for residentia use and in order to augment her income, had put up three shops on the ground floor and she is in occupation of the first floor and the income derived from the ground floor, is used for the purpose of maintaining herself and her family. The petitioner would further aver that there is no much deivation and having aware of the same, she submitted an application on 06.10.2004, praying for modification of the plan and the outcome of the application is not yet known.

(2.) The petitioner was issued with the show cause notice dated 10.04.2008 by the 2 nd respondent and challenging the same, the petitioner alleged to have has invoked Section 217[K] of the Tamil Nadu District Municipalities Act, 1920.

(3.) The 1 st respondent/Reviewing Authority, vide impugned communication dated 25.06.2019, has rejected the said revision, holding among other things that there is cent percent violation in the Plot Coverage Sealing and the side set back and as such, rejected the same and also indicated that if the petitioner is aggrieved by the said order, she may file a revision within sixty days before the High Court.