K.S.BEEVI NURRANI Vs. MEMBER SECRETARY

JUDGEMENT

(1.) This Writ Petition is filed challenging the planning permission issued by the respondents 1 and 2 with consequential direction to the respondents 1 and 2 jointly and severally to demolish the building being built by the respondents 3 and 4 allegedly under the above said permits and to put the land thereat to proper and lawful use in accordance with law.

(2.) The case of the writ petitioner is that the respondents 3 and 4 are the owners of the plot measuring 4378 Sq.ft at No.5F, II Street, Vinayaga Nagar, Madurai. The petitioner is the neighbour of the respondents 3 and 4. In March 2010, the third and fourth respondents started putting up a hotel and a lodge. The petitioner came to know that the construction to an extent of 10 floors (including stilt and ground floors) is an unauthorized one. She pleaded that the construction is in contravention of the approval. No set backs had been left out. With great effort, she secured a copy of the building permission, which is impugned in the present Writ Petition.

(3.) The plea of the petitioner is that the Commissioner, Madurai Corporation had granted permission for a commercial building in a residential zone. On account of the multi-storeyed construction, it has affected the sewerage connections and the building has been constructed in violation of the approval. Feeling aggrieved by the sanction granted by the second respondent, she challenges the planning permission granted on the following grounds: