CHINNAIYA GOUNDER Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner claims that he owns a house property along with a site bearing Plot No. 8, Sri Balaji Nagar, Kalapatti Village, which now falls within the limits of Coimbatore City Municipal Corporation, comprised in S. Nos. 307, 308, 318, 354 (Part) and 355 (Part) of the said village ad-measuring to an extent of 3840 sq.ft and it forms part of approved layout of Sri Balaji Nagar, vide approval No. 177/89/A2 dated 03.01.1991. The petitioner would aver that he purchased the plot through a registered sale deed dated 04.07.1991, registered as Doc. No. 4146 of 1991 on the file of the Sub-Registrar Office, Gandhipuram, Coimbatore from one Thiru. D. Ashok, for the purpose of constructing a residential unit. The petitioner would further aver that, after affecting purchase, he applied for planning permission/approval to the erstwhile local body and it was also granted, vide approval No. 611/200809 dated 18.09.2008 and the petitioner has also put up construction/superstructure in accordance with the sanctioned plan and residing there right from the year 2009 and it is also subjected to statutory levies.

(2.) The petitioner would further aver that in the year 2011, Kalapatti Town Panchayat came within the jurisdiction of Coimbatore City Municipal Corporation and however, to his shock and surprise, he was issued with the impugned notice dated 14.06.2017 under Sections 258 and 441 of the Coimbatore City Municipal Corporation Act, 1981 [in short "CCMC Act"] by the fourth respondent calling upon the petitioner to vacate from the site/superstructure within 24 hours, failing which criminal prosecution would be launched under Section 441 of the CCMC Act and the encroachments made would also be removed. The petitioner, challenging the legality of the said notice, has filed this Writ Petition and it was entertained and an interim order was also granted.

(3.) The third respondent has filed a counter affidavit stating among other things that the plot purchased by the petitioner was part of 15.66 acres of land originally belonging to one Mr. D. Ashok, who applied for converting the said lands to housing sites and the same was approved by the second respondent in Na.Ka. No. 10738/1989LA dated 22.08.1939 and based on which, the third respondent has also granted approval/permission in Na.Ka. No. 400/89, vide approval No. LP/DT &CP. No. 989/89 and one of the conditions for granting approval is that lands ad-measuring 1.50 acres is to be gifted and reserved for public purpose i.e., for parking. It is further averred by the third respondent that as per the terms and conditions of the layout approval accorded by the second respondent, the promoter of the layout has to surrender the land earmarked for public purpose and once it is reserved, no officer is competent to modify the layout approval and also took a stand that the Executive Officer of the Panchayat has no authority to revise the planning permission granted by the Director of Town and Country Planning and therefore, prays for dismissal of this writ petition.