N VADIVAZHAGI Vs. CORPORATION OF MADRAS

JUDGEMENT

(1.) THE petitioner herein challenges the two notices-cum-orders. THE first order dated 8.2.1989 is allegedly under Section 256(1) of the Madras City Municipal Corporation Act and the other order dated 2.8.1989 is allegedly under Section 256(3) of the Madras City Municipal Corporation Act.

(2.) THE petitioner has put up a construction of four-storeyed building at premises No. 100, Second Avenue, Anna Nagar, Madras-40. According to him he had obtained the planning permission from the Corporation on 17.11.1988 for the basement, ground and 1st floor and the additional floor was put up after applying for the sanction of the plan. THE petitioner states that he was served with a notice dated 6.5.1989 under Sections 56 and 57 to stop the work and to produce necessary planning permission within 3 days from the date of receipt of the notice on 18.5.1989. However, he was served with a notice of demolition dated 15.6.1989 and the second respondent directed him to restore the land to its original condition. THE petitioner further goes to state that thereafter he submitted an application with necessary enclosures for permission under Section 49 for the retention of the land and building under Section 56(3) of the Town and Country Planning Act, 1971. However, the said application was returned back on the ground that the proposal violated the land use and other requirements. THE petitioner, therefore, filed the Writ Petition No. 9623/89 praying for a Writ of Mandamus to quash the said order and to direct the second respondent to grant permission under Sec. 49 of the Town and Country Planning Act, 1971.

(3.) THE order contemplated under Section 256(1) of the Act is a provisional order and under Sub Section (2) of Section 256 copy of this order is to be served on the owner or builder or the concerned person as the case may be.