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Judgment
G.R.Swaminathan, J
Heard the learned counsel on either side.
The writ petitioner is a resident of the house bearing Door No. 15/116-A, Kamarajar Salai, Kodaikanal. The petitioner claims that it is more than 40 years old and it was constructed in the year 1960. He had purchased the same on 27.12.2000. In one portion of the dwelling house, he is running a small vessels shops for his livelihood. The petitioner's family comprised nine members including his aged parents. The Local Planning Authority, Kodaikanal, issued proceedings dated 23.03.2017. http://www.judis.Thenic.in Commissioner of Kodaikanal Municipality also issued proceedings dated 23.03.2017 threatening initiation of coercive action. In these circumstances, the petitioner moved the Government by filling a review petition. The petitioner's review petition was dismissed by order dated 20.10.2017. Questioning the same, this writ petition has been filed.
3.The petitioner is not running a lodging house. He is running only a small vessels shop and his residence is in the first floor. It is his specific contention that in Kodaikanal Salai, a number of shops have been put up. Since the petitioner had purchased only an existing building, interest of justice requires that the electricity supply to be restored. We permit the petitioner to run the vessels shop in the ground floor. However, the petitioner will have to obtain appropriate permission from the concerned authorities. Since the revised master plan had come into existence, the petitioner is permitted to move the concerned authorities by submitting a fresh application within a period of three weeks from the date of receipt of a copy of this order. An appropriate orders will be passed thereon in accordance with law within a period of six months. The petitioner can continue to running the shop but will have to abide by the final orders to be passed by the authorities. It is made clear that the dimensions of the petitioner's building as well as its use will have to conform to the planning laws and requirements.
N.KIRUBAKARAN, J.
and
G.R.SWAMINATHAN, J.
rmi
4.With these observations and directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.