Chennai: The Madras high court has set aside an order of the Chennai organization, which directed the owner of assets on Walltax road to stop production and to demolish the alleged unauthorized construction.
Allowing a petition filed with the aid of G. Krishnamoorthy of Sowcarpet, the proprietor of the property, a division bench comprising Justices S. Manikumar and V. Bhavani Subbaroyan, quashed the order dated February five, 2018.
Pointing out that the prevent construction paintings and demolition be aware has been issued without connection with the real state of affairs, the bench stated, “We are inclined to interfere and set aside the order.”
According to Krishnamoorthy, originally the land in query belonged to the enterprise. Subsequently, it changed into leased out to at least one Gopal Pillai and after he died in 1974, the land becomes a profession of his wife. In 1978, the petitioner and his wife jointly and severally occupied the land and an ‘L’ fashioned superstructure turned into made. The belongings changed into assessed to property tax. As there has been no response from the enterprise whilst he approached it for effecting mutation of statistics, he approached the High Court and the courtroom had directed the Corporation Commissioner to purpose an in-depth inquiry in regards to the person who turned into in possession of the assets. However, no inquiry become performed. But, all of sudden, the corporation issued a note declaring that the construction on the land in the query was unauthorized. He sent a felony to be aware on February three. While so, the enterprise issued the prevailing February 5 notice directing him to stop creation work and to demolish the alleged unauthorized production. The present superstructure turned into constructed in 1978 and there has been no new production thereafter. Therefore, the notice became issued in a mechanical way.