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(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a Writ of Mandamus to direct the respondents 1 and 2 to demolish the illegal/unauthorised construction made by the third respondent at Hotel Daiwik, Athikadu (Near Rameswaram Bus Stand), Rameswaram, Ramnad District.

2. Heard both sides.

3. The grievance of the petitioner is that the third respondent has put up illegal construction near the temple in the name and style of 'Hotel Daiwik'. The petitioner made a complaint to the first respondent about the illegal construction. Despite the same, no action has been taken so far. Hence, the present writ petition.

4. We find that the official respondents have not filed their counter affidavit. The third respondent filed a detailed counter affidavit, wherein every factum alleged by the petitioner is disputed by the third respondent stating that the building has been approved by the competent authority and construction has been put up in terms of design and plan approved. The details of the same are set out in paragraph 10 of the counter affidavit filed by the third respondent, thus:

"10. I state that Daiwik Hotels (P) Ltd., is a law abiding Corporate House and has conformed to all the rules and laws of the State and the region. The Hotel building has been designed by a renowned Mumbai based architect, Era Architects, and a local engineer, Er.M.Haza Syed Ibrahim who is also a licensed building surveyor and consulting engineer from Rameswaram for Building Plan approval strictly following and incorporating the local rules and regulations. The structural designs have been planned and overseen by a reputed Structural Engineering firm from Bangalore. The Hotel started construction only after receiving building sanctions and the building includes a Ground plus three (G plus 3) story building for the hotel and the complete structure of the building has been completed over 6-7 months back while interior works are almost completed. The Fire department, the Police, TNEB have all given the project clearances as per the plans that have been sanctioned by the Rameswaram Municipality and a HT TNEB connection has already been given to the building. The Department of Tourism, Chennai has given the project approval as a 3 star category hotel as per the municipal plans that have been sanctioned and the amenities that are being provided. Total fees and charges as paid by the said Hotel till date are approximately as follows:
a) Manval Workers GWF of TN CW WF Board - Rs.1,04,100/- 
        b) Rameswaram Municipality              - Rs.   54,965/-
        c) Urban Development Department,  
                Govt. of TN                             - Rs.6,99,925/- 
        d) Tamil Nadu Electricity Board -
                Regn. & EMD fees                        - Rs.1,60,500/-
        e) Tamil Nadu Electricity Board -
                HT charges                              - Rs.2,41,365/-"

2.The Commissioner, Rameswaram Municipality, Rameswaram, Ramnad District.

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