SUNRISE CLUB-COVAI Vs. COMMISSIONER, KARUMATHAMPATTI MUNICIPALITY

JUDGEMENT

(1.) The notice issued by the Commissioner, Karumathampatti Municipality dtd. 26/11/2024 is sought to be assailed in the present writ proceedings.

(2.) The petitioner is Sunrise Club-Covai represented by its Secretary S.Arokiyasamy. The petitioner claims to be a society registered under the Tamil Nadu Societies Registration Act. Admittedly, the petitioner is a tenant under one Mr.S.Tangavel, who is the owner of the said property. A complaint was received by the Commissioner, Karumathampatti Municipality stating that the said Mr.S.Tangavel constructed the subject building unauthorizedly without obtaining building plan permission from the competent authority. The municipal authorities conducted an inspection and found that no building plan approval was granted and the building is wholly unauthorized. Thus a notice was issued on 24/10/2024 calling upon the owner to submit documents to establish that building plan permission has been granted. Since the owner of the building Mr.S.Tangavel is unable to produce any valid document regarding building plan approval, further action was initiated by the Commissioner, Karumathampatti Municipality under Sec. 135 of the Tamil Nadu Urban Local Bodies Act, 1998. Accordingly, the impugned notice was issued in proceeding daed 26/11/2024 asking the owner of the building Mr.S.Tangavel to demolish the building, failing which the Municipality would initiate action for demolition of the building and recover expenditures from the owner of the building.

(3.) Curiously, the present writ petition has been filed by a tenant. Though notice has been served on the third respondent, he has not chosen to appear before this Court. Mr.R.Harikrishnan, learned counsel appears for the fourth respondent.