LAWS(MAD)-2007-10-451

R BHAVANI Vs. M KARUNAKARANPANDIAN AND M KRISHNAMOORTHY, COMMISSIONER CUM BLOCK DEVELOPMENT OFFICER, ST THOMAS MOUNT PANCHAYAT UNION

Decided On October 23, 2007
R Bhavani Appellant
V/S
M Karunakaranpandian And M Krishnamoorthy, Commissioner Cum Block Development Officer, St Thomas Mount Panchayat Union Respondents

JUDGEMENT

(1.) The applicant has filed W.P. No. 19102 of 2007 for direction against the respondents in the writ petition to prevent and remove all illegal constructions in Survey No. 77/2C2B (formerly part of S. No. 77/2C2) as well as Survey No. 77/2C2C (part) of No. 135, Okkiam Thoraipakkam Village, to prevent the encroachment of the public road on the northern side of the property adjoining old Mamallapuram Road.

(2.) The 4th respondent in the writ petition, who is the respondent in the contempt petition No. 566 of 2007 is stated to be the owner of the adjoining property and the complaint is that the 4th respondent in the guise of putting up construction in his property has extended the construction into the property of the applicant and on the basis that the respondents 1 to 3 may illegally grant licence to the 4th respondent for running the hotel/restaurant in the above said property, the petitioner has filed the said writ petition.

(3.) Pending the writ petition, she has also filed an interim application in M.P. No. 1 of 2007, praying for an order of injunction against the 4th respondent in the writ petition from putting up any construction contrary to law in the property comprised in S. No. 77/2B2C and 77/2C2C of Okkiam Thoraipakkam Village, Tambaram Taluk, Kancheepuram District. This Court by an order dated 30.05.2007, has granted an order of interim injunction for a period of three weeks.