P R NIRMALA Vs. SECRETARY

JUDGEMENT

(1.) Seeking to quash the proceedings of the 2nd Respondent, dated 29.11.2017 and for a further direction to the 2nd and 3rd Respondents to accord approval of the 1st and 2nd Floors of the building in Plot No.1/67 (LIG Plot), Block No.1, Survey No.305 (Part), Mogappair Village, the Petitioner has come up with the present Writ Petition.

(2.) According to the Petitioner, he was allotted a Plot bearing No.1/67 in Survey No.305 (part) of Mogappair village, measuring an extent of 1200 sq. ft., by the 4th Respondent on 10.03.1984 and thereafter, the 4th Respondent executed a Sale Deed, dated 19.10.1990 in his favour, for a valid sale consideration. It is further stated by the petitioner that on 30.11.1988, Planning and Building permit were given for construction of residential house in ground floor. However, the petitioner raised construction for first and second floors after applying for Planning Permission in the year 1991.

(3.) It is the case of the petitioner that one Hemraj, his neighbour lodged a complaint against him as regards construction of first and second floors in the said property and hence, necessary Plan approval was not given to the petitioner for construction of first and second floors in the said property, despite paying necessary fee on 22.12.2000 in favour of the 2nd Respondent. However, the petitioner completed construction of first and second floors and is in possession of the same since 1994 and paid property tax and also obtained electricity service connection.