HC orders interim stay on power supply to flats

December 05, 2013 11:33 am | Updated 11:33 am IST - MADURAI:

A writ petition was filed in the Madras High Court bench here to quash the Madurai Corporation’s approval for construction of 23 flats in a private enclave.

A division bench comprising Justice R. Sudhakar and S. Vaidyanathan on Monday admitted the petition and ordered an interim stay restraining the Tamil Nadu Electricity Board from providing electricity supply to the 23 flats.

The petitioner, T.R. Deivasigamani, president of Shanthi Nikethan Welfare Association, had moved the court claiming that Saswath Foundations, the builders of the apartment, had “illegally constructed” 23 flats in Shanthi Nikethan apartments.

The builders did not obtain approval from the Local Planning Authority (LPA), he claimed. Mr. Deivasigamani contended that the LPA was the appropriate authority to grant approval as per the Tamil Nadu Town and Country Planning Act, 1971. But the builders had obtained approval from the Madurai Corporation, which was only a supervising and administrating agency, he added.

The approval by the Corporation was illegal and the flats were liable to be demolished by the LPA authorities, he stated. He demanded quashing of the approval granted by the Corporation and a direction to the LPA to and pass an order on the approval of flats.

As an interim relief, he pleaded for an injunction against the provision of electricity connection to those flats. According to the petitioner, one of the 23 flats was already sold and the builders had submitted application seeking electricity supply.

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