N. SATHISH KUMAR
B. Nagaraj – Appellant
Versus
Commissioner Udhagamandalam Municipality Hospital Road, Ootacamund The Nilgiris – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of the proceedings in Ka.Vi.No.53/2022/F2 dated 14/2/2023 on the file of the respondent and to quash the same and consequently, direct the respondent to pass orders on the petitioner''s building permit application dated 1/9/2020.)
This writ petition has been filed to quash the Proceeding, dated 14/2/2023, passed in Ka.Vi.No.53/2022/F2, on the file of the respondent and consequently, direct the respondent to pass orders, on the petitioner''s building permit application, dated 1/9/2020.
2. Impugned order has been passed by the Commissioner, rejecting the building permission, on the ground that the proposed building is located within 150 meters from a reserve forest, and hence, grant of permission is forbidden by Rule 7 (2) of the Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993.
3. Heard Mr.Sharath Chandran, learned counsel for the petitioner.
4. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of a peace of land, measuring an extent of 0.03 acres sit
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