Justice S Vaidyanathan, on dismissing the petition moved by the president and treasurer of Tamil Nadu Thawheed Jamath, Muthupettai Branch, directed the Executive Officer of the Town Panchayat to demolish the construction, after holding that there is much substance in the contention of the government advocate that the structure in question must be razed to the ground.
Also, warning the panchayat officials of major punishment if the building in question was not demolished, the judge held, “If any construction is subsequently made after obtaining a n interim order from this court and thereafter contended that a huge amount has been invested, the same cannot be a ground to permit the construction of the superstructure to stand there. Since, admittedly the planning permission and approval have been given only for construction of a residential house, and hence, the construction of the prayer hall/Jamath/Madrasa is not permissible.”
The petitioners had moved the court seeking to set aside the cancellation of the building planning permission granted on June 07, 2013, as illegal, unjust and against the settled principles of natural justice.
The Muthupettai Town Panchayat contended that the petitioners, in individual capacity and not as representative of the Thawheed Jamath, submitted the application to construct the ground and first floor on the land for which planning permission was granted. As there were representations from the local people objecting to the construction, an inspection was held, and the violation was found.