Mr. SATISH K. AGNIHOTRI and Mr. K.K. SASIDHARAN, JJ.

Introductory:

1. Whether the assignee of a building constructed without planning permission, and in respect of which demolition notice was issued earlier after rejecting the request for regularization and confirming the same by the High Court (in a writ petition filed by the original owner) would get a fresh cause of action to revive the concluded matter, merely on account of his purchase, is the core issue that arises for our consideration in the writ petition in W.P. No. 11194/2010.

2. The petitioner purchased a commercial building with a clear knowledge that it was the subject matter of litigation on account of its construction without obtaining planning permit and succeeded to the litigation, and the attempt now is to prolong the litigation indefinitely and thereby to avoid demolition (and to enjoy the income from property) notwithstanding the fact that major part of the building, including the marriage hall, were unauthorized constructions made in violation of the building regulations.

A brief backdrop:

W.P. No. 11194 of 2010:

3. The building situated at D. No. 150, Velachery Main Road, Poondy Bazar, Selaiyur, Chennai, in S.