G.Senthilnathan v. The Chennai Metropolitan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.06.2018
CORAM
THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.10022 of 2018 G.Senthilnathan
...Petitioner
Vs
1. The Chennai Metropolitan Development Authority, Rep.by its Member Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai - 600 008.
2. Corporation of Chennai Rep. by its Commissioner, Rippon Buildings, Sydenhams Road, Kannappar Thidal, Periyamet, Chennai - 600 003.
3. State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
...
Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the first respondent to consider and pass orders in the application for planning permission made by the petitioner for stilt +2 floors of residential building at Plot No.1, Door No. 3/1, Ambal Nagar Main Road, Ekkatuthangal, Chennai - 600 097 bearing PPA/WDCN - 13/07991/2017 dated 12/12/2017 without insisting upon a gift deed in favour of the second respondent for the street widening portion of 50.51 sq meters. For Petitioner : Mr.E.Shri Ram Mohan For Respondents : Mr.P.S.Ganesh Standing Counsel for R1 : Mr.T.C.Gopala Krishnan Standing Counsel for R2 : Mr.V.Shanmuga sundar Special Government Pleader for R3
ORDER
Heard the learned Counsel for the petitioner and the learned Standing Counsels for the respondents 1 and 2 and the learned Special Government Pleader appearing for the third respondent and perused materials available on record.
2. This writ petition has been filed for issuance of a writ of Mandamus to direct the first respondent to consider and pass orders in the application for planning permission made by the petitioner without insisting upon a gift deed in favour of the second respondent.
3. The learned Standing Counsel appearing for the second respondent submitted that after filing of this writ petition, the petitioner has already executed the gift deed dated 24.05.2018 in favour of the second respondent/Corporation and the planning application of the petitioner is under process. 4.In view of the above submissions, this Court is of the opinion that no further adjudication is required in this writ petition. Accordingly, this writ petition is closed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar msrm To
1. The Chennai Metropolitan Development Authority, Rep.by its Member Secretary, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai - 600 008.
2. The Commissioner, Corporation of Chennai Rippon Buildings, Sydenhams Road, Kannappar Thidal, Periyamet, Chennai - 600 003.
3. The Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
+1cc to Mr.T.C.Gopala Krishnan, Advocate, S.R.No.38533 +1cc to Mr.P.S.Ganesh, Advocate, S.R.No.38836 +1cc to the Government Pleader, S.R.No.39092 W.P.No.10022 of 2018 GSP(03/07/2018)