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2002 Supreme(Mad) 972

S.JAGADEESAN
S. Shanmugha Velayudaswamy Gounder – Appellant
Versus
State of T. N. – Respondent


Advocates:
AR. L. Sundaresan, for Petitioner; S. V. Durai Solaimali Govt. Advocate (for Nos. 1 and 2) and G. Sankaran (for No.3) for Respondents.

ORDER :- The writ petition has been filed to quash the order of the first respondent dated 13-12-1994 in G.O.D. No. 313 Local Administration and Water Supply Department where-under relaxation was granted to the fourth respondent’s building from the application of certain building rules.

2. The petitioner has filed O.S. No. 161 of 1992 on the file of the District Munsif, Pollachi seeking a decree for mandatory injunction directing the fourth respondent herein to demolish the superstructure put up by him on the ground that the same is in contravention of the building regulations and also without prior permission of the authorities. The said suit was dismissed on 17-8-1994 on the ground that the matter was pending before the Government for relaxation.

3. Against the same, the petitioner herein filed an appeal in A. S. No. 130 of 1994 on the file of the Subordinate Court, Udumalpet, which was also dismissed on 31-7-1998. After disposal of the suit by the trial Court, the first respondent seems to have passed the impugned order.

4. I perused the concerned file of the first respondent. I find that the fourth respondent made a representation for the relaxation of the rules by enclosing a cop









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