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2001 Supreme(Mad) 780

D.MURUGESAN
J. K. Towers Flat Owners Association – Appellant
Versus
Commissioner and Secretary to the Government of Tamil Nadu – Respondent


Advocates Appeared:
Mr.V.Rangarajan, Advocate for Petitioner.
Mr.S.V.Durai Solaimalai, Government Advocate for Respondent No.1. Mr.P.Subba Reddy for Respondent Nos. 2 and 3 Mr J.Ravindran for Respondent No.4.

Judgment :

1. The petitioner is J.K.Towers Flat Owners Association represented by its Secretary, Chennai. According to the petitioner association, the 2nd and 3rd respondents were the owners of the land wherein the premises M/s J.K.Towers, 77, 7th Avenue, Ashok Nagar, Madras which consists of land, ground floor for car parking area with three floors totalling 33 flats is constructed. The petitioner and the 2nd respondent entered into an agreement wherein the 2nd respondent was styled as promoter. The 2nd respondent was given the power of attorney on 3.11.89 to develop and deal with the above said property and to convey undivided interest to the third parties. The said agreement also disclosed the sanction by the 4th respondent for construction. Accordingly, 33 flats were constructed in the first, second and third floors leaving ground floor car parking space and fourth floor open space. Contrary to the planning permission, the 2nd and 3rd respondents put up construction of four flats each approximately measuring 1,100 sq.ft. in the ground floor thereby depriving the car parking area to the purchasers of the flats. The 2nd and 3rd respondents also started putting up construction of t






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