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2014 Supreme(Mad) 1968

C.S.KARNAN
V. Anand Tirtha – Appellant
Versus
Tamil Nadu Electricity Board, represented by its Chairman, Chennai – Respondent


Advocate Appeared
For the Petitioner:D.S. Rajasekaran, Advocate.
For the Respondents:R1 to R4, P.R. Dilipkumar (TNEB), R5, P. Tamil Mani (CMDA), Advocates.

JUDGMENT

1. The brief facts of the case are as follows:-

The petitioner submits that he is the owner of the property at Old door No.3, New No.5, Dhandapani Street, Thiyagaraya Nagar, Chennai-17, by virtue of registered settlement deed executed by his mother Parimala vide document No.1344 of 2010 in the office of the SRO, T.Nagar. He further submits that originally his mother obtained planning permission for stilt + 2 floors from the Corporation of Chennai vide No.PPA/WDC08/01870/2010, dated 07.06.2010 and accordingly constructed and completed the same. However, there was some minor unintentional deviations in the said construction which had resulted in locking and sealing action by the Corporation of Chennai on 10.09.2011. The petitioner further submits that however on an appeal preferred to the Secretary, Housing and Urban Development Department under Section 80A of the Town and Country Planning Act, 1971, the Government, vide G.O.Ms.No.51, dated 19.07.2012, was pleased to regularize his building by exempting several provisions of the Development Control Regulations and also directed the fifth respondent to grant approval to the said building in view of the exemption granted under



















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