C.V.Ramamoorthy. v. The Commissioner And Secy.To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.12009 of 2004 C.V.Ramamoorthy, rep. by Power of Attorney Agent, P.Raghunandan, Son of A.Y.Prabhakar, No.52, (Old No.51), III Main Road, Gandhi Nagar, Adyar, Chennai-600 020.

...Petitioner

Vs.

1.The Commissioner and Secretary to the Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nataranjan Building, Egmore, Chennai-600 008.

3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the First Respondent in G.O.Ms.No.(D) 82 Housing and Urban Development Department dated 02.03.2004 and quash the same and direct the respondents to grant planning permission to the petitioner in respect of building put up by the petitioner in his proper at New No.41, [Old No.19] Umpathy Street, West Mambalam, Chennai-600 033.

For Petitioner : Mr.S.J.Jagadev For Respondents : Mrs.K.Bhuavaneswari, Addl. Govt. Pleader for R1 Ms.P.Veena Suresh for CMDA for R2 Mr.V.C.Selvasekaran for R3

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the First Respondent in G.O.Ms.No.(D) 82 Housing and Urban Development Department dated 02.03.2004 and quash the same and direct the respondents to grant planning permission to the petitioner in respect of building put up by the petitioner in his property at New No.41, [Old No.19] Umpathy Street, West Mambalam, Chennai600 033. 2.The learned counsel for the petitioner would submit that the petitioner has filed an application for regularization of building before the Chennai Metropolitan Development Authority and the same is pending.

3. In view of the above, nothing survives for adjudication in this writ petition, however, liberty is granted to the petitioner to seek remedy before the concerned authority in accordance with law. Accordingly, this writ petition is closed. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar kal To 1.The Commissioner and Secretary to the Government, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Nataranjan Building, Egmore, Chennai-600 008.

3.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai-600 003.

+1 CC to The Govt. Pleader sr 58610.

W.P.No.12009 of 2004 GP(CO) SP(08/08/2019)