S T SUNDARAM Vs. VEERATESWARAN

JUDGEMENT

(1.) The Civil Revision Petition is filed under Article 227 of the Constitution of India against the suit in O.S.No.26 of 2002 on the file of the Additional District Judge, Karaikkal.

(2.) The facts of the case are as follows: The petitioner being the owner of the land in T.s.Nos.161, 164, 165 and 166 in ward No.F, Block No.38 at Nehru street, Karaikkal town obtained an approved plan No.604/Kpa/98 dated 17.3.1999 from the respondents 2 and 3 for putting up a Kalyana Mandapam. In accordance with the approved plan, the petitioner had actually completed the construction of the Kalyana Mandapam even in the year 2001. The first respondent is residing at D.No.219, Church street, Karaikkal and the Kalyana Mandapam has been put up at Door No.58, Nehru Street, which is on the north east of the first respondent's property. The petitioner by sale deed dated 18.6.2001 purchased the property bearing old Door No.218 lying immediately on the north of Door No.219 owned by the first respondent and on the west of the Kalyana Mandapam put up by him.

(3.) It is the further case of the petitioner that there is a litigation between the first respondent and vendor, the owner of the old Door No.218 and the litigation is still pending and as a power of attorney holder of the vendor, the petitioner is looking after the litigation. Enraged by the purchase of the suit property by the petitioner, the first respondent with a mala fide intention sent telegrams dated 22.10.2001 and 24.10.2001 to the respondents 2 and 3 to the effect that the Kalyana Mandapam has been put up in violation of the approved plan and requested the respondents 2 and 3 to take suitable action under the provisions of the Pondicherry Town and Country Planning Act, 1969, (hereinafter referred to as "the Act, 1969") against the petitioner. The second respondent by letter dated 24.10.2001 replied to the first respondent that there is no violation in putting up the construction of the Kalyana Mandapam by the petitioner.