SUMATHI DEVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the absolute owner of the premises bearing Door No. 39, Nattu Pillaiyar Koil St. Chennai-600 001 in R. S. No. 6663, Block No. 56, V.O.C. Nagar, within the Sub-registration office of Sowcarpet, Chennai-600 001.

(2.) The second respondent by proceedings dated 28-8-1990, pointing out the deviations in the construction put up by the petitioner, issued the demolition notice under Section 56 read with Section 85 of Town and Country Planning Act, 1971, requiring the petitioner to comply with the planning permission granted under Section 49 of the Act. On receipt of the said notice, the petitioner submitted an application under Section 49 of the Act, seeking building permission and for regularisation of the deviated construction of the building. However, the second respondent by proceedings dated 5-10-1993 rejected the application of the petitioner holding that the first floor construction is in, deviation to the earlier approved plan and Second Floor construction is an unauthorised one.

(3.) As against the same, the petitioner preferred an appeal before the first respondent under Section 79 of the Town and Country Planning Act 1971. The first respondent by G.O.D. No. 158 Housing and Urban Development (UD. V) Department dated 26-2-1997 rejected the appeal. Aggrieved by the said order, the petitioner has filed this writ petition for issuance of a writ of certiorari to call for the records and to quash the same.