SRI RAJA RAJESWARI HOTELS CHENNAI PRIVATE LIMITED Vs. THE KODAIKANAL MUNICIPALITY, REP. BY ITS COMMISSIONER, KODAIKANAL

JUDGEMENT

(1.) The petitioner is running a Hotel in the name and style of Sabari Resorts in Kodaikanal on the strength of the general power of attorney dated 26.03.2013 and a Memorandum of Understanding dated 01.04.2013. The hotel was originally known as "Hotel Zion". It was originally owned by one Mrs.Malathi Joel. She subsequently sold the same in favour of one V.P.Shyam on 07.12.2005 vide registered sale deed. The said V.P.Shyam subsequently settled the property in favour of his father V.Pitchaimuthu vide registered sale deed dated 06.10.2008. Subsequently, the said V.Pitchaimuthu sold the property in favour of M/s.Sabari Inn Private Limited vide registered sale deed dated 08.12.2008. The said Sabari Inn Private Limited had executed a general power of attorney and also entered into a Memo of Understanding with the writ petitioner in the year 2013.

(2.) It is not in dispute that the said hotel was given approval and revised approval in the year 1985 and 1987. It is also not in dispute that the hotel put up constructions in deviation of the approved plan. Therefore, the District Collector issued notice under Sec. 217(J) of Tamil Nadu District Municipalities Act, 1920 for demolition of the illegally put up constructions. Questioning the said notice, the petitioner's predecessor in title Mr.V.P.Shyam Pitchaimuthu submitted a representation dated 24.01.2008 to the State Government. The said representation was disposed of vide letter bearing No. 3035A/Na.Ni.1/2008-2 dated 16.12.2008, calling upon the said V.P.Shyam Pitchaimuthu to move the Kodaikanal Municipality for relief.

(3.) In terms of the liberty given by the Government vide the aforesaid letter dated 16.12.2008, an application dated 09.01.2009 was submitted seeking regularisation of the illegal put up constructions.