T S SIVAM Vs. CHENNAI METROPOLITAN DEVELOPMENT

JUDGEMENT

(1.) HEARD Mr. T. Viswanatha Rao, learned counsel appearing for the petitioner, Mr. Kathiravan learned counsel appearing for the first respondent, Mr. V. Bhiman learned counsel for the third respondent and Mrs. Geetha, learned Additional Government Pleader for the second respondent.

(2.) THIS writ petition challenges the notice of the first respondent, Chennai Metropolitan Development Authority, dated 16.12.1998 by which the Chennai Metropolitan Development Authority has directed the petitioner to discontinue the usage of the Bank activity in Ground Floor of the premises bearing Door No.245, R.K. Mutt Road, Mylapore, Chennai on the basis that the said usage is against the approval granted by CMDA dated 08.07.1988. The said notice is said to be given under Section 56(2)(iii) Town and Country Planning Act, 1971.

(3.) THE first respondent has filed the counter affidavit. In the counter affidavit, the first respondent has taken the stand that it was pursuant to the order of this Court in W.P.Nos.18723 and 18724 of 1999 filed by Viswa kamal Residents Welfare Association, action was taken by the first respondent in respect of construction in Door No.245, R.K. Mutt Road, Mylapore, Madras in the ground floor covering an area of 1647 sq.ft out of the open area 4306 sq.ft. reserved for common facilities. It is the case of the first respondent in the counter affidavit that as per the approved plan given by the CMDA dated 08.07.1988 the ground floor has been approved for residential use and part of incidental use and therefore the conversion of the entire ground floor for the purpose of running a bank is amounting to converting into commercial area and therefore it is against the sanction plan dated 08.07.1988. It is also the further case of the first respondent that even in the year 1991, action was initiated after deviation in construction and notice was issued even on 15.12.1989 itself.