THE OOTACAMUND CLUB Vs. COMMISSIONER, UDHAGAMANDALAM MUNICIPALITY

JUDGEMENT

(1.) ADMIT . Learned counsel for the respondent accepts notice. At request of the learned counsel for the parties, the writ petition is taken up for final disposal.

(2.) THE petitioner club is aggrieved by the action taken by the respondent in pursuance of the notice issued under Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter called as 'the said Act').

(3.) THE petitioner addressed a reply dated 12.10.2014, referring to the receipt of the notice on 10.10.2014 (stated to be a mistake). This reply is thus within 30 days from the date of receipt of notice. In the reply, it is stated that no unauthorised construction has been made and what is being referred to is actually a "Firewood Shed", which has been in existence for more than 50 years. The site plan of the ancient origin in the records of the petitioner is stated to have contained the details of the said "Firewood Shed", which in its original condition was made of 10 reapers and zink sheets erected on the wall of five feet height made up of brick and mud. In the year 1979, when there was a storm in the city, which is stated to have resulted in a deluge all over Ootacamund, a few zink sheets were blown out in the wind. Repairs and renovations are stated to have been carried on, and the wall was plastered to strengthen the same.