N BANUMATHI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) By consent, this writ petition is taken up for final disposal.

(2.) The petitioner claims that her husband, who was eking out his livelihood as Goldsmith, has purchased a property comprised in S.Nos.148 & 156, admeasuring to an extent of 2527 sq.ft. in Komarapalayam Village, Coimbatore through registered sale deed bearing Doc.No.575 of 2016 dated 03.02.2016. The petitioner would further state that the entire layout are unapproved layout and on account of the same, the respondents 2 to 4 have not granted any planning permission or approval in view of the bar under Section 273 of the Coimbatore City Municipal Corporation Act, 1981. It is the specific case of the petitioner that all the constructions put up in the said unapproved house sites are unauthorized and the fifth respondent is the owner of house site No.60, which is located on the eastern side of the property and taking advantage of her absence, he has encroached upon the land to an extent of 2 feet from North to South to the eastern side and also installed 20 windows facing towards the petitioner's property and thereby affecting the flow of air and light and without planning permission, he has completed the construction work.

(3.) The petitioner would further aver that the fifth respondent has filed a suit in O.S.No.1347 of 2016, on the file of the II Additional District Munsif Court, Coimbatore praying for the relief of permanent injunction restraining the petitioner from proceeding with the construction and thereafter, the third respondent issued three notices dated 19.11.2016 directing the petitioner to make remittance of some amounts for the purpose of regularizing the deviations. It is further averred that the fifth respondent also filed a writ petition in W.P.No.11052 of 2017, praying for a direction to the respondents 2 and 3 to initiate action against the petitioner with regard to the alleged unauthorized construction put up by the petitioner. The said writ petition was disposed of vide order dated 28.04.2017 by directing the respondents 2 to 3 to take action in accordance with law, after serving notice to all concerned and therefore, fourth respondent had issued three notices dated 28.04.2017 under Section 296(3) of the Tamil Nadu Town and Country Planning Act, 1971, which is followed by yet another notice dated 20.06.2017, in and by which the fourth respondent threatened the petitioner to demolish the construction within 30 days. The petitioner, in this regard, has also filed a Special Revision Petition before the first respondent dated 17.07.2017 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 and it is still pending.