M/S. Gnanaguru Developers v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.25605 & 25606 of 2011 M/s Gnanaguru Developers Pvt.Ltd., rep by its Director Mr.L.S.Abhinesha Babu No.33, Nathamuni Street, Naduvankarai Anna Nagar, Chennai 600 040 .. Petitioner in both the petitions -vsThe Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road Egmore, Chennai 600 008 .. Respondent in both the petitions W.P.No.25605 of 2011 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent herein issuing impugned order dated 16.03.2011 in its proceedings letter No.C3/249/11 wherein the respondent had illegally and arbitrarily rejected the petitioner's planning permission for construction of Multi-storied shopping mall at GST Road, Tambaram, Ward F in S.Nos.

53/7, 54/2B, 68/1B, 53/3B, 53/4B, 53/5B, 53/6B, 68/2, 68/1A, 53/3A, 53/1B, 54/3B, T.S.No.3 to 14 Block No.

(7) and (8) of Development Regulations for Chennai Metropolitan Area.

W.P.No.25606 of 2011 is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner's statutory representation dated 27.08.11 made under regulation 35 and 36 of development regulations for Chennai Metropolitan Area for exempting the petitioner with regard to plot coverage and providing the petitioner and opportunity of constructing bigger horizontal floor plate and achieving the maximum achievable FSI of 2.5 along with Premium FSI of 1 (Totalling to FSI of 3.5) as per the parameters under regulation 28 of Development https://hcservices.ecourts.gov.in/hcservices/

Regulations for Chennai Metropolitan Area and the premium FSI may be calculated at the rate applicable as on 16.03.2011 under regulation 35 and 36, for the petitioner's property situate at GST Road, Tambaram, Ward F in S.Nos.53/7, 54/2B, 68/1B, 53/3B, 53/4B, 53/5B, 53/6B, 68/2, 68/1A, 53/3A, 53/1B, 54/3B, T.S.No.3 to 14 Block No.20 of Irumbuliyur Village For Petitioner ::

No appearance For Respondent ::

Mr.P.Tamilmani Standing Counsel

ORDER

When the matters were taken up on 9.9.2019, there was no representation for the petitioner. Therefore, the Registry was directed to list the writ petitions under the caption "for dismissal". When the writ petitions have been listed under the caption "for dismissal", today also, there is no representation for the petitioner. Hence, the writ petitions are dismissed for non prosecution. Consequently, M.P.No.1 of 2011 is also dismissed.

Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar ss To

1. The Member Secretary Chennai Metropolitan Development Authority (CMDA) No.1, Gandhi Irwin Road Egmore, Chennai 600 008 +2cc to Mr.P.Tamilmani, Advocate SR.No.79241 & 79242 W.P.Nos.25605 & 25606 of 2011 MP(CO) GMY(16/10/2019) https://hcservices.ecourts.gov.in/hcservices/