T.Nagaru Pillai, v. The Government Of Tamil Nadu,
2024:MHC:4218
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.11992 of 2018 T.Nagaru Pillai
...Petitioner
-Vs1. The Government of Tamil Nadu, Rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Thalamuthu Natarajar Building, Egmore, Chennai - 600 008.
3. The Commissioner, St. Thomas Mount Panchayat Union, St. Thomas Mount, Chennai.
4. The Commissioner, Corporation of Chennai, Ripon Buildings,
5. The Executive Engineer, Zone 15, Greater Chennai Corporation, Rippon Buildings,
6. The Gandhi Nagar Co-operative Housing Society Ltd., No.22, Pumping Station Road, Gandhi Nagar, Adyar, Chennai - 600 020.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order in ref.No.PPA/WDCN15/00394/2018 dated 22.02.2018 of the fifth respondent herein, in respect of petitioner's plot No.255 in Survey No.323/2, 3A2, 3B of Chemmancherry Village and quash the same and direct the fifth respondent herein to forthwith consider the petitioner's application for building plan approval and grant approval for the same.
For Petitioner : Mr.RM.Venkatesh For Respondents For R1 : Mr.V.Manoharan Additional Government Pleader For R2 : Mrs.P.Veena Suresh Standing Counsel For R4 & R5 : Mrs.P.T.Rama Devi Standing Counsel For R6 : Mr.L.P.Shanmugasundaram
ORDER
This writ petition has been filed challenging the order dated 22.02.2018 passed by the fifth respondent, thereby rejected the representation submitted by the petitioner for grant of planning permission.
2.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.
On perusal of records revealed that the application submitted by the petitioner for building planning permission was rejected on the ground that the proposal plot sub-division was made after 28.02.1999 and as such, they are not eligible to regularise under the Revised Regularised Scheme 1999. The approval issued under Regularization Scheme is not valid. Therefore, the planning permission submitted by the petitioner could not be considered and rejected.
4.
Considering the above facts and circumstances, the petitioner is at liberty to submit fresh application under the new Rules for the building planning approval, within a period of two weeks from the
date of receipt of a copy of this Order and on receipt of the same, the respondents 4 & 5 are directed to consider the application submitted by the petitioner and pass orders on merits and in accordance with law, within a period of four weeks thereafter.
4.
With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
19.09.2024 (2/2) Index : Yes/No Speaking/Non Speaking order rts
To
1. The Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Egmore, Chennai - 600 008.
3. The Commissioner, St. Thomas Mount Panchayat Union, St. Thomas Mount, Chennai.
4. The Commissioner, Corporation of Chennai, Ripon Buildings,
5. The Executive Engineer, Zone 15, Greater Chennai Corporation, Rippon Buildings,
6. The Gandhi Nagar Co-operative Housing Society Ltd., No.22, Pumping Station Road, Gandhi Nagar, Adyar, Chennai - 600 020.
G.K.ILANTHIRAIYAN. J, rts W.M.P.No.11992 of 2018 19.09.2024 (2/2)