ADMINISTRATIVE COURT JUDGE ON DUTY
With a stay of execution
It is related to the request for cancellation of the administrative action.
THE PLAINTIFF :
ATTORNEY :
DEFENDANT : ………… Municipality
LAWSUIT : The lawsuit is about the request for the cancellation of the transaction subject to the decision and the stay of execution due to the unfair and unlawful decision of the decision that the two room balconies were closed with joinery glass in violation of the project and in addition to the licence, according to the content of the report dated …….. issued by the ………. Municipality Zoning Directorate …….. regarding the residence where my client resides and registered at …………. and ….., parcel 1 of the title deed.
Date of Notification : ………..
Material Event : …….. The decision dated ……… taken by the municipal council in accordance with the ……….. numbered writings of the ……… Municipality Zoning Directorate,
Legal Reasons :
1- About my client, about whom a report was kept by the Municipality regarding the administrative decision …….. In accordance with the decision of the Municipality Zoning Directorate with the date and number specified above; According to the content of the minutes kept by making the basis in accordance with Articles 32 and 42 of the Law No. 3194, it was decided by administrative action to seal and stop it in accordance with Article 32 of the Zoning Law No. 3194, stating that “It was determined that the balcony was closed with joinery glass”.
2- Essentially, the report kept about the client was due to the fact that the person named Yıldırım Ak, one of the residents of the same apartment building, who lives in the independent section No. 5 of the apartment building, made an unfair and unjustified complaint about the client.
3- In addition to this, …….., which has been sued in the …… Civil Courts, has taken a front against the residents of the apartment building for a long time, has tried to take the places allocated to the common use of the apartment building under its own dominion and saving with illegal methods, as can be seen from the attached photographs, under the name of “…………..”, it has hung the sign of the place operated on the exterior facade in a way that pollutes the facade and appearance of both the entire building and the apartment where my client is sitting, thus causing visual pollution and ultimately even narrowing the usage area of my client’s balcony.
Upon the complaint made by the residents of the apartment building about the person in question, a public lawsuit was filed against him for the offence of causing environmental pollution, and the hearing of this lawsuit was registered in the ………. case of the ……….Sulh Criminal Court and the hearing was left to ……… date.
As a result of the lawless methods of this person against all the residents of the apartment building, he turned against all the residents of the apartment building due to the lawsuits filed against him by the residents of the apartment building, and in the meantime, in order to intimidate the residents of the apartment building, he unfairly and unlawfully complained to Karşıyaka Municipality.
However, as it can be understood from the document attached to the file; as my client lives on the first floor and there is a workplace under the name of “……..” under the house where he lives, and with the additions in front of the workplace, it has become possible to enter my client’s house as a result of the presence of a suitable ground for theft or extortion, in this framework, my client has made the place in question secure by supporting it with glass joinery, without creating a perimeter area suitable for sitting for security purposes only on ……….
Likewise, in the previous apartment building management meeting, …….., with the additions made by …….. to the hall ………., which operates commercially under the house where my client lives, put the residence where my client lives in a difficult situation in terms of security, the above-mentioned …….. even covered a large proportion of the cost of the glass joinery made by my client in order to legitimise its own unlawful actions. Later, ………., who ignored this, wanted to put my client in a difficult situation by notifying the Municipality with unfounded notices due to the lawsuits filed against him.
Again, as it can be understood from the attached documents and photographs, both in the residence where my client lives and in almost all buildings in Izmir, such extensions are made, and in this framework, my client had glass joinery made for security purposes only, so as not to contradict the zoning project.
The fulfilment of the issue subject to the request of the administration will cause victimisation of my client, as well as his residence will become unprotected as it can be understood from the documents we have submitted. In addition, it is not a fair practice as well as being against the principles of equality for the municipality to take action against my client only because there is a notice, without taking action against any residence outside the neighbourhood area where my client lives.
Legal Evidence : 1- ……….. The decision dated …………. taken by the municipal council in accordance with the ………. dated writings of the Municipality Zoning Directorate ………….,
2- 5 photographs of my client’s residence taken from the front and different facades.
3- Invoice for the work done at the place in question
Conclusion and Request : In accordance with the matters we have tried to explain above, in the light of the evidence we have presented, with the belief that a fair decision will be made by your Supreme Court, we respectfully request and demand by proxy that the decision made by the administration against my client and the Transaction subject to this decision be cancelled and the execution be suspended, and that the judicial expenses be charged to the defendant administration. ../../..
Plaintiff Representative
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