THAI NAGAR WELFARE ASSOCIATION A SOCIETY REGISTERED UNDER TAMIL NADU SOCIETIES REGISTRATION ACT Vs. SPECIAL COMMISSIONER TOWN PLANNIN

JUDGEMENT

(1.) THIS Writ Petition has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to the proceedings in Rc.No.42326/98 L.A.1, dated 13.03.2001 on the file of first respondent, quash the same and consequently forbear the respondents 1 to 4 from in any way modifying, altering or changing or otherwise in any manner deleting the conditions of the layout permission under Plan No.59/85, for the Thai Nagar, Melapalayam, Tirunelveli.

(2.) THE case of the petitioner is as under:

(3.) THE fourth respondent has also filed a counter, stating that the property originally belonged to four persons, namely, (1) R.Kumar, (2) N.Muthaiah, (3) Chellammal and herself and she acted as the power of attorney and sold the plots under the original layout, 4830.20 square metres was left as open space (17.14%) and as per the rules, only 10% of the area has to be left for open space in accordance with the stipulations contained in the impugned order, she has already handed over 10% of the land earmarked as open area to the Tirunelveli Corporation and, on 16.05.2001, the Member Secretary, Tirunelveli Local Planning Authority, granted planning permission for construction of three godowns. She also undertakes not to construct godowns in the remaining land, but shall apply to the Planning Authority for permission for making use of the land to build houses, Kalyana Mandapams or any other building permissible as per the rules.