Kailasam, J:-This appeal is preferred by the Commissioner of Pattukottai municipality against the judgment of Ramaprasada Rao, J., in Writ Petition No. 148 of 1972. The writ petition was filed by minor Chandrasekaran represented by his father and guardian Natanam Chettiar for the issue of a writ in the nature of mandamus or any other appropriate writ directing the respondent-municipality to forbear from demolishing the petitioner’s building in Section No. 68/A-5 of Pattukottai village.

2. The respondent herein commenced putting up a construction in Section No. 68/A-5 within the municipal limits of Pauttkottai village. On the 4th of December, 1970 he applied to the municipality for permission to put up a godown over the land and submitted building plans for the purpose. Before sanction of the plan, the respondent started construction on the 4th of December, 1970 and a door frame on the site was fixed on 15th of December, 1970. As the respondent had commenced building without getting a sanction, a notice under section 216 (1) (i) (a) of the Tamil Nadu District Municipalities Act dated 19th December, 1970 was served on him calling on him to demolish the unauthorised construction. This

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