Petition for the Cancellation of the Municipal Transaction
THE ADMINISTRATIVE COURT JUDGE IS ON DUTY
With the postponement of the execution
It is related to the request for cancellation of the administrative procedure.
THE DEFENDANT :
lawyer :
THE DEFENDANT : ………… Municipality
CASE : Where my client resides and is registered in the deed …………. and ….. in relation to the housing of parcel No. 1 ………. Organized by the Municipality Zoning Directorate …….. according to the contents of the dated report, the decision to cover two room balconies with joinery glass contrary to the license and contrary to the project is related to the request for cancellation of the transaction subject to the decision and termination of execution due to the unfair and unlawful decision to close them with joinery glass.
Notification Date : ………..
Important Event : The Municipal Zoning Directorate’s ……….. the decision taken by the municipal council in accordance with the numbered articles …….. dated,
Legal Reasons :
1- About by the municipality ……….. about my client, who kept a record of his administrative decision; In accordance with the decision of the Municipal Zoning Directorate on the date and number mentioned above; According to the content of the record kept on the basis of Articles 32 and 42 of Law 3194, “It has been determined that the balcony was closed with joinery glass.”it was decided by administrative procedure to be sealed and stopped in accordance with Article 32 of the Zoning Law No. 3194.
2- The basis of the record kept about the client is due to the fact that a person named Yildirim Ak, who lives in the same apartment, filed an unfair and unwarranted complaint about the client by a person living in the independent section of apartment 5.
3- In addition to this, …… which has been sued in Civil Courts …….., has long been opposed to the apartment residents, tried to take the places allocated for the common use of the apartment under its own management and, as can be seen from the attached photos, made savings by illegal methods October, “…………..” under his name, he hung a sign of the place operated on the exterior in such a way as to pollute the facade and image of the apartment where my client lives and the entire building, thus causing image pollution and ultimately even narrowing the area of use of my client’s balcony.
Upon the complaint made by the residents of the apartment about the person in question, a public lawsuit was filed against him on the grounds that he caused environmental pollution, and the hearing of this case ………. The Criminal Court of Peace ………. the hearing by registering in the file ……….’e is left.
Karsiyaka Decrees a lawsuit against all the residents of the apartment due to the lawsuits filed by the residents of the apartment against him as a result of the unlawful methods applied by this person against all the residents of the apartment, in the meantime, he unfairly and unlawfully reported my client to the Municipality of Karsiyaka in order to intimidate the residents of the apartment.
However, as can be understood from the document attached to the file; my client resides on the first floor and under the house where he lives “……..” there is a workplace by name, and with the additions in front of the workplace, it became possible to enter my client’s house as a result of finding a floor suitable for theft or extortion, and within this framework, my client made the place secure by supporting it with glass joinery, without creating an environmental area suitable for sitting only for security purposes.
In the same way, at the previous meeting with the apartment management, a commercial operator operating under the house where my client lives ………. to the hall …….. with the additions made by him, he left the residence where my client lives in a difficult situation in terms of security, mentioned above …….. he covered a large part of the cost of the glass joinery that my client had made in order to justify his illegal actions. Who then ignored it ………. he wanted to put my client in a difficult situation by making unfounded denunciations to the Municipality due to the lawsuits filed against him.
Again, as can be understood from the attached documents and photos, such Octaves are being made both in the residence where my client lives and in almost all buildings in Izmir, and within this framework, my client has only made glass joinery for security purposes in order not to contradict the zoning project.
The fulfillment of the matter that is the subject of the administration’s request will lead to the victimization of my client, as well as, as can be understood from the documents we have submitted, it will cause his residence to be unprotected. In addition, it is not a fair practice for the municipality to take action against my client just because it is a notification without taking action about any residence outside the environment where my client lives, and it is also contrary to the principle of equality.
Legal Evidence :
1- ……….. Municipal Zoning Directorate …………. in accordance with the dated letter received by the city council …………. dated decision,
2- 5 photos of my client’s residence taken from the front facade and from different facades.
3- Invoice for the work performed at the relevant location
Conclusion and Request: In accordance with the above considerations, we respectfully request and request that the decision made by the administration against my client and the Transaction subject to this decision be cancelled and suspended, and that the trial expenses be charged to the defendant administration, in the belief that the Supreme Court will make the fairest decision in the light of the evidence we have presented.
Plaintiff Lawyer
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