GIRIDHARA SANJEEVI Vs. COMMISSIONER, COIMBATORE CORPORATION

JUDGEMENT

(1.) The notice issued under the provisions of the Coimbatore City Municipal Corporation Act, 1981 dtd. 14/8/2019 is sought to be quashed in the present writ proceedings.

(2.) The writ petitioner in W.P.No.29242 of 2019 claims to be the absolute owner of the property bearing Door No.5 (Site No.6A), Kutralam Nagar, Kovaiputhur, Coimabatore - 641 042. The issue raised in these Writ Petitions are that layout approval has not been granted in accordance with the provisions of the Tamil Nadu Panchayats Act, 1994 and the Building Rules framed thereunder and therefore, the actions initiated are to be continued for the purpose of removing unauthorized construction and to maintain the public children play area, play ground and public utility services etc., as per the layout plan.

(3.) The learned counsel for the writ petitioner in W.P.No.29242 of 2010, Mr.T.N.Rajagopalan would contend that technical approval has been granted. But the final approval, as required and in compliance with the provisions of the Tamil Nadu Panchayats Act, 1994 and the Building Rules were not obtained. Technical approval would be insufficient to deal with the housing sites in the layouts. Beyond technical approval, final approval is to be obtained for the purpose of dealing with the house sites in the layout, which is mandatory.