SATISH K.AGNIHOTRI, M.VENUGOPAL
Parameswari – Appellant
Versus
Commissioner, Coimbatore Corporation, Coimbatore District – Respondent
Satish K. Agnihotri, J.
1. Mr. K. Magesh, learned Standing Counsel, accepts notice for respondents 1 and 2. Mr. S.K. Rameshwar, learned Standing Counsel, accepts notice for the third respondent.
2. The second respondent, viz., the Assistant Commissioner, Coimbatore Corporation, issued notice dated 01 March 2016 to the petitioner, whereby and where under, the petitioner has been called upon to demolish the building in question as the same has been constructed without any permission. The instant writ petition is filed seeking a writ of mandamus forbearing the respondents, their officials and subordinates from initiating any coercive action in respect of the premises bearing Door No.124, DPF Street, Ramasamy Layout, Pappanaickenpalayam, Coimbatore 641 037, till the disposal of the revised plan to be submitted by the petitioner to the first respondent.
3. The learned Senior Counsel appearing for the petitioner, referring to Section 56 of the Tamil Nadu Town and Country Planning Act, 1971 (for short T&P Act, 1971), would submit that if the building in question has been constructed without permission, the petitioner is entitled to make an application for approval of the plan. Thus, t
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