S RAJAMANICKAM Vs. EXECUTIVE OFFICER VEERAPPANCHATRAM TOWN PANCHAYAT

JUDGEMENT

(1.) Petitioner seeks the issuance of writ of mandamus, directing respondents 1 and 2 to furnish the petitioner copies of the sanctioned plan, site approval and planning permit in respect of the proposed construction in R. S. No. 409/6, 409/1 Part, 409/1 B Part and 409/4 Part at Veerappanchatram (Sanjay Nagar) and pass such further or other orders as this Court may deem fit and proper.

(2.) Petitioner has filed this writ petition as President of Sanjay Nagar House Owners Welfare Society. Reason for filing this writ petition is that respondents 4 and 5 have started constructing apartments in the property mentioned above. It is the case of the petitioner that the proposed construction, apart from being violative of the provisions of the Tamil Nadu Town and Country Planning Act and the Rules framed thereunder, is inherently dangerous as there are certain high-tension wires running north south on the eastern side of the proposed apartments within a distance of 1-5 metres. It is said that foundation has been laid and certain pillars have been constructed. Sufficient space as set back has not been provided and no parking space has been provided. There is also no proper ventilation. Therefore, petitioner filed a representation on 19-11-1997 before respondents 1 and 2, requesting them to take necessary action to stop the construction and to furnish a copy of the sanctioned plan, a copy of the site approval and planning permit. Respondents 1 and 2 did no oblige the petitioner which necessitated the filing of the writ petition.

(3.) Respondents 1, 4 and 5 have filed separate counter-affidavits.