P. Sathasivam, J.

Petitioner – Mrs. Meera R. Paul, has filed the above writ petition for the issuance of a writ of mandamus, directing respondents-1 and 2 to take appropriate action against the unauthorised construction put up by respondents-3 to 5 in the property bearing Old No.29, New No.55, T.T.K. Road, Alwarpet, Chennai-600 018, and stop further unauthorised construction and also take steps to remove the unauthorised construction by performing their statutory and public duty as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, the Development Control Rules and the Chennai City Municipal Corporation Act, 1919.

2. Case of the petitioner is briefly stated here-under:-

According to her, she was the absolute owner of the property bearing Old No.29, New No.55, TTK Road, Alwarpet, Chennai-18, comprised in O.S. No.2788, Block No.33, R.S. No.1594, sub-division No.14-A, Mylapore village. She entered into a development agreement with the third respondent and also executed a power of attorney dated 010. 1995 in favour of the fourth respondent, who is none else than the husband of the third respondent. Both in the development agreement as well as the power of attorney, it was made clear that there should not be any deviation from the sanctioned plan while putting up construction. On 18.04.1999, she took possession of the 2nd and 3rd floors of the aforesaid property. Respondents-3 and 4 represented that there were some deviations and that they would get the same regularised as per law. Since her children are settled in America, she used to go to there very often. She returned to India in the month of October, 2006. On return, she found the open space in the ground floor encroached and an open urinal constructed un-authorisedly and high-handedly in gross violation of the Development Control Rules.

She objected to the unauthorised construction and sent a telegraphic notice through her counsel to respondents-1 and 2 and also to the Vigilance Cell of the CMDA. She also lodged a police complaint on 30.11.2006 with the Commissioner of Police, Chennai. The authorities have not taken any action to stop the unauthorised construction going on in the fourth floor. She cancelled the power of attorney dated 010. 1995 executed in favour of the 4th respondent. Respondents-3 and 4 have nothing to do with the property in question. They have no right to enter the property. 5th respondent is the son of respondents-3 and 4. He has also no legal right to put up any unauthorised construction without any sanctioned plan. The basement and the construction put up in the fourth floor are unauthorised. The barricade put up in the open space preventing common use by all the co-owners is also unauthorised. In such circumstances, having no other remedy, she has filed the present Writ Petition for appropriate direction.

3. Fifth respondent has filed a common counter affidavit for himself and on behalf of respondents-3 and 4. According to him, construction in the property in question including the basement, ground floor, 1st floor, 2nd floor, 3rd floor and 4th floor was completed in the beginning of the year 1998 itself. For the purpose of property tax assessment, the property in question has been subdivided as 29/1, 29/2, 29/3, 29/4, 29/5 & 29/6 relating to basement, ground floor, 1st floor, 2nd floor, 3rd floor and 4th floor respectively. The 4th floor, about which the petitioner has raised dispute, was constructed and completed sometime in the beginning of the year 1998 itself. The said 4th floor had been assessed to property tax from the first half of the assessment year 1998-99, ie., 4. 1998 – 33. 1999 and since then the property tax has been periodically and regularly paid. Similarly 4th floor has been assessed by the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) from the first half of the year 19981999. The total extent of constructed terraced area in the 4th floor is 1600 sq. ft. excluding the common area. It