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2018 Supreme(Mad) 4376

M.DURAISWAMY, ANITA SUMANTH
Muthujothi – Appellant
Versus
Empowered Committee – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Elephant Rajendran for RM. Arun Swaminathan, Advocate
For the Respondents:A.K. Baskarapandian, Special Government Pleader and T. Lajapathi Roy, Advocate

JUDGMENT :

Anita Sumanth, J.

1. This Writ Petition challenges an approval of the First Respondent dated 7.2.2018 and a consequential direction to the Respondents to demolish the allegedly illegal construction made by the Third Respondent of a Hospital constructed by it in Melkarai By-pass Road, Manamadurai Town and Taluk, Sivagangai District.

2. Mr. Elephant Rajendran, learned Counsel appears for Mr. RM. Arun Swaminathan, learned Counsel for the Petitioner, Mr. Baskarapandian, learned Special Government Pleader appears for Respondents 1 & 2 and Mr. Lajapathi Roy, learned Counsel appears for the Third Respondent.

3. The Petitioner is a resident of Melkarai By-pass in the vicinity of which the Third Respondent has constructed a Hospital building. According to Mr. Rajendran, learned Counsel appearing on behalf of the Petitioner, the construction of the Hospital is without required approvals and sanctions. The submissions of Mr. Rajendran are as set out below:

(i) He first states that the Third Respondent Hospital is a 'Multi-storied' building. According to him, the construction of Ground plus five (5) floors is entirely illegal insofar as the Sanction obtained in terms of Section 197 of th

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