R CHANDRAMOHAN Vs. DIRECTOR, TOWN AND COUNTRY PLANNING AUTHORITY; DY DIRECTOR/MEMBER SECRETARY; P JAYAKUMAR

JUDGEMENT

(1.) Mr.P.S.Sivashanmugha Sundaram, learned Special Government Pleader accepts notice on behalf of respondents 1 and 2. Despite service of notice, none appeared on behalf of the third respondent. Thus, with the consent of the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2, the writ petition is taken up for final disposal.

(2.) Seeking a direction to respondents 1 and 2 to restore the property to its original state since the construction have been put with property in total violation of the planning permission exercising power under Section 85 of the Town and Country Planning Act, 1971, by demolishing the unauthorised construction put up in an extent of 9856 sq.ft. viz., plot in part bearing S.Nos.5/1A, 5/2B, 5/2C and 5/2D of Contonment Area behind the SBI Colony, Tiruchirappalli in violation of second respondent's planning permission vide No.27/2010 dated 18.03.2010 in Ref.Na.Ka.308/2010, the petitioner has come up with the instant writ petition.

(3.) It is the case of the petitioner that he is the owner of the plot in question and pursuant to the deed of memorandum of understanding entered into between the petitioner and the third respondent/builder, flats bearing Nos.1-A, 1-D, 2-B, 2-E, 3-B, 3-D and 3-E were allotted to the petitioner. According to the petitioner, two flats viz., 3-D and 3-E allotted to him were unapproved. Alleging that the third respondent builder cheated the petitioner by allotting the unapproved flats, the petitioner has filed the present writ petition.