P. VISWANATHAN Vs. THE DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition to direct the respondents 3 and 4 to take action against the 5th respondent for illegal construction of building at Plot No. 3, Survey No. 312/1A, Ganapathy Nagar, Thally Road, Hosur, Krishnagiri District, on the basis of notice dated 29.09.2014 issued in Na.Ka. No. 6322/2014/F-1 and notice issued in Na.Ka. No. 1432/2014/HNTDA dated 07.10.2014 by the 3rd and 4th respondents, respectively, and demolish the same.

(2.) According to the petitioner, he is the absolute owner of Plot No. 12, Thally Road, Appavu Nagar, Hosur and residing with his family for more than seven years. Further, the 5th respondent is the owner of Plot No. 3, Thally Road, Ganapathy Nagar, Hosur, which measures an extent of 600 sq.ft., and Ganapathy nagar is behind Appavu Nagar. In the year 2004, the 5th respondent removed the asbestos sheet roofs and extended the construction by one floor, ie., ground and 1st floor. Subsequently, in the year 2012, without obtaining any building permission from the Hosur Municipality, the 5th respondent constructed a building consisting of 4 floors in a land measuring an extent of 600 sq.ft. Moreover, the 5th respondent has not even left a single sq. ft., as side set back, therefore, the petitioner together with his neighbours has addressed a representation dated 15.09.2014 to respondents 1 to 4. Immediately, the 3rd respondent has issued a notice dated 07.10.2014 calling upon the 5th respondent to submit the sanctioned building plan within 3 days, failing which to stop the construction activities. But, the 5th respondent has not complied with the same. That apart, the 5th respondent is not entitled to use the building for any purpose, as the construction is in utter violation of Statutory Rules. Since, respondents 3 and 4 are not taking any action against the 5th respondent, the petitioner has filed the present Writ Petition.

(3.) The learned counsel for the petitioner submitted that the petitioner has constructed the building in accordance with the plan and that there are no violations. He also submitted that in and around the property in question, several buildings have been constructed, violating the Rules.