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2019 Supreme(Mad) 161

M.VENUGOPAL, R.PONGIAPPAN
Mariadassou Philomene Dominique Marie Anthoinette – Appellant
Versus
Member Secretary, Town and Country Planning Board, Town and Country Planning Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.P. Sudalaiyandi, Mr. P. Velmurugan
For the Respondent: Mrs. N. Mala Additional Government Pleader, Mr. R. Sreedhar

ORDER :

M.VENUGOPAL, J.

Heard both sides.

2. Summation of Writ Facts :

2.1 The Writ Petitioner had purchased the property measuring an extent of 2000 Sq.Ft at Door No.93, Montorsier Street, Puducherry by means of a registered Sale Deed dated 18.06.1990 executed by her Mother-in-Law, Jayamary Mariadoss [Mother-in-Law]. She and her family members are in absolute possession and enjoyment of the property for more than 100 years.

2.2. After purchasing the property, the Petitioner had demolished the existing tiled house in the property and constructed a single storied building after securing necessary permission from the Competent Authority. The 3rd Respondent purchased the House and Land situated on the Eastern Side of Petitioner's property, i.e., Door No.91, Montorsier Street, Puducherry [at T.S.No.169, R.S.No.239 pt. Old No.55, Ward-D, Block No.13]. Indeed, the 3rd Respondent/Builder had demolished an existing House and had applied for planning permission for construction of a new Building. The 3rd Respondent at the time of obtaining planning permission, included a portion of Petitioner's property in the plan and accordingly, the 3rd Respondent obtained a planning permission on 12.05.2010




































































































































































































































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