A NITHYANANDAN Vs. COMMISSIONER, GOBICHETTIPALAYAM MUNICIPALITY

JUDGEMENT

(1.) The petitioner challenges the notice issued by the Gobichettipalayam Municipality under sub-sections(1) and (2) of Section 216 of Tamil Nadu District Municipalities Act, directing removal of unauthorised construction, failing which it was indicated that action would be taken for demolition besides launching prosecution before the Court of law.

(2.) The property bearing Door Nos. 51 and 53, Modachur Road, Gobichettipalayam, Erode originally belonged to Thiru G.D.Andadurai, father of the petitioner. The father of the petitioner constructed a building in the year 1971 after obtaining permission from the statutory authority. The ground floor of the building was given on lease to Canara Bank. Subsequently, in the year 2002, Thiru Andadurai had proposed to construct a building in the rear portion of the property. The proposal was dropped on account of financial difficulties. The property was later settled in the name of the petitioner.

(3.) There was a litigation between the petitioner and the Municipality on account of the inaction of the local body and its failure to demolish the illegal construction put up by the second respondent, who is none other than his paternal aunt. Since the Commissioner of the Municipality failed to comply with the order in W.P.No.31719 of 2012, the petitioner initiated Contempt proceeedings in Contempt Petition No.1246 of 2013. The Commissioner and the second respondent wanted to take revenge and for the said purpose issued the impugned notice to the petitioner alleging construction of a building without planning permission. The petitioner therefore wanted to quash the notice.