Supreme Court of Georgia

Supreme Court resolved the case for the favor of a private person

Published: 03/30/2012

On March 28, 2012, according to the judgment of the Chamber of Administrative Cases the dispute was resolved for the favor of a private person. The subject-matter included dismantling of the garage and fine – 10 000 GEL.
M. Tskhovragauli addressed the Panel of Administrative Cases of the Tbilisi City Court with the request to abolish the acts issued by the Department of Architecture and Supervision (Legal Entity under Public Law) and the Tbilisi City Hall, under which M. Tskhovragauli was forbidden to complete the construction of the garage. According to the resolution of Supervision City Office M. Tskhovragauli was charged with fine and dismantling of the garage. The applicant disagreed with the impugned acts and noted, that he owned written permission from the Architecture Department on completion the construction of the garage and correspondingly, he had confidence towards this organ and there was no valid consent of void.
The City and Appellate Courts didn’t satisfy the claim. The applicant appealed the judgment by the rule of cassation. According to the judgment of the Supreme Court the cassation was satisfied. The Chamber of Administrative Cases abolished the judgment of the Appellate Court and delivered the new judgment on the case, under which the impugned acts were cancelled and the legal proceedings towards M. Tskhovragauli were terminated. The Court of Cassation considered, that M. Tskhovragauli had right to trust the written consent of the Architecture Department and therefore, there was no base for the annulment of the written consent, to charge the applicant with 10 000 GEL fine and dismantle the garage.