E MUTHULAKSHMI Vs. COMMISSIONER CUM EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS petition is filed for issuance of a writ of Mandamus or any other appropriate writ or other direction to direct the respondents 1 and 2 to initiate coercive proceedings for demolition of the illegal structure put up by the third respondent at Door No. 11/25 (New No. 13/78), A. Thadagam Main Road, Edayarpalayam Village, Coimbatore District.

(2.) WE may refer to the relevant facts which led to the filing of the present petition:-The petitioner/muthulakshmi is the owner of 7-1/2 cents in S. F. No. 243/01 Kavundampalayam Village, Coimbatore District. In the aforesaid extent of 7-1/2 cents, in December 2001, the petitioner sold specific extent of 1333 sq. ft. of vacant site with tiled building thereon, to the third respondent/dr. Selvi. In the beginning of 2002, the third respondent has put up R. C. C. roof building, consisting of ground floor without leaving any space on the northern side and eastern side boundaries.

(3.) THE third respondent is residing in the ground floor and is running a hospital in the first floor of the building. The husband of the petitioner-vendor has filed the affidavit on behalf of the petitioner, alleging that by putting up superstructure in the entire extent of 1333 sq. ft. , without leaving space as per the Building Rules, has caused much inconvenience, affecting the right of easement and convenient enjoyment of the property by adjacent owners. It is alleged that the construction is made contrary to the Building Rules. According to the petitioner, there should be a plan as per Rule 3 (2) (ii) of the Tamil Nadu District Municipalities and Building Rules, 1971 (G. O. Ms. No. 1009, Rural Development and Local Administration Department, dated 19. 3. 1972 ).