KOKILA KALIAMOORTHY Vs. K MANI

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The suit was filed seeking mandatory injunction directing the defendants to demolish the unauthorised construction shown in the sketch attached alongwith the plaint and also for permanent injunction restraining the first defendant from putting up any unauthorised construction. A direction has also been sought against the second defendant not to sanction any plan or approval in the process of the regularisation of the illegal and unlawful Act of the first defendant.

(3.) The plaintiff has alleged in the plaint that she is the owner of the property bearing Door No. 56, Hospital Road, Said a pet, ChennaM6. The adjacent property bearing Door No. 57 is owned by the first defendant. The first defendant has recently started putting up unauthorised construction in his premises. He has made an attempt to make a window near the compound wall of the plaintiffs house. The unauthorised construction has been put up encroaching upon the easementary rights of the plaintiff for light and air. The first defendant has started construction without any sanctioned plan from the Corporation of Chennai, the second defendant herein. The Corporation authorities, having taken cognizance of the complaint emanated by the plaintiff, took action against the first defendant and the first defendant was fined heavily by the Corporation of Chennai. The authorities concerned have not taken suitable action for demolishing the unauthorised construction. The second defendant has no right to regularise the illegal action of the first defendant. Hence the suit for the aforesaid reliefs.