ORDER :

R. MAHADEVAN, J.

The petitioner seeks to issue a Writ of Mandamus directing the respondents 1, 3, 4 and 7 to 9 to initiate action to demolish the unauthorised construction of apartments in the land measuring to an extent of 51.08 cents comprised in Old Survey No.151/2 & New Town Survey No.98/1, 2 of Ward No.J, Block No.14 of Uyyakondan Thirumalai Village, Srirangam Taluk, Tiruchirapalli District, restore the building as per the original approved plan and also initiate necessary disciplinary proceedings against the officials who have failed to take any action against the unauthorised construction, within a time to be stipulated by this court.

2. The case projected in the writ petition is as follows:

2.1. The petitioner, his brother Balasubramanian/13th respondent and one Kannan, cultivating tenant, are the joint owners of the land measuring to an extent of 94 cents in S.No.98 of Uyyakondan Thirumalai near Rettai Vaikkal, Tiruchirapalli District and they partitioned the same among themselves. As per the partition, the petitioner got 35.12 cents of land in S.No. 98/3, his brother Balasubramanian, 13th respondent herein, became entitled to 51.08 cents of land in S.No.98/2 and the cultivating tenant Kannan obtained an extent of 7.80 cents of land in S.No.98/1. The petitioner and his brother intended to promote / develop their extent of land totalling 86.20 cents. For the said purpose, a joint venture agreement was entered into with the 12th respondent on 05.07.2012. According to the petitioner, he had an intention to construct "Thai Moogambigai Temple" for which he formed a Trust in the name of Sri Mookambikai Temple Trust, Uyyakondanthirumalai, Trichy. Therefore, at the time of entering into the agreement with the 12th respondent, the petitioner made it clear that the terms and conditions of the agreement have to be strictly adhered to and the construction had to be made only as per the original approved plan. Further, a registered partition deed dated 18.10.2012 bearing Document No. 7158 of 2012 was entered into between the petitioner and his brother/13th respondent. As per the construction agreement, the entire construction has to be made in a land measuring 5584.35 square meter. Since the petitioner had relinquished about 8 cents of land and got only 35.12 cents in the property, his brother had agreed to allot 5 houses in the constructed building to him. Pursuant to the said construction agreement, the promoter got approval for construction of 92 residential apartments in a four storey building in Survey Nos. 98/1 and 98/2 alone vide C.No. 963/2013 TLPA-2 dated 12.11.2013.

2.2. The petitioner further averred that after commencement of the construction, taking advantage of the absence of the petitioner, who, at that time, was residing in Chennai, his brother /13th respondent and the 12th respondent/promoter with an intention to get more amount, modified the original plan and deviated the construction. Though the petitioner had clearly expressed his inclination to keep the land in Survey No. 98/3 as vacant for construction of a temple later, the respondents 12 and 13, on the basis of modified plan encroached upon the said vacant land measuring 1200 square feet and put up an unauthorised construction. Above all, the promoter had unauthorisedly shifted the Electricity Board Transformer from the land in Survey No.98/1 (as mentioned in the approved plan) to the land in Survey No. 98/3 thereby preventing the petitioner to put up any construction for temple. Feeling aggrieved, the petitioner had sent several representations to all the official respondents, but no action was taken thereof.

2.3. In such circumstances, the petitioner preferred WP (MD) No. 1266 of 2018 praying to issue a writ of Mandamus directing the 4th and 6th respondents therein to take appropriate action against the promoter and to demolish the unauthorised construction made in contravention and conditions imposed in the approval vide Ka.A. No.537/2013 dated 25.11.2