P.Santhialal v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.6.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.Nos.13766 of 2016 and 14344 of 2016 and W.M.P.Nos.12069, 12070, 12538 and 12539 of 2016 W.P.No.13766 of 2016 P.Santhialal Petitioner

Versus

1. The Member Secretary, The Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

2. The Executive Officer, Thirumazhisai, Chennai 600 124.

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus to call for the records of the impugned notice dated 21.3.2016 in Letter No.49/2014 issued by the second respondent herein and quash the same and consequently direct the first respondent to consider and pass appropriate order on the representation of the petitioner dated 26.3.2016. For petitioner :

Mr.G.Muthukumar For R1 :

Mr.C.Johnson For R2 :

Mrs.A.Srijayanthi, Special Govt. Pleader W.P.No.14344 of 2016

1. H.Mohanlal

2. Bablu

3. B.Sluresh Chand

4. N.Chennaram

5. A.Mohamed Rafi Petitioners

Versus

1. The Executive Officer, Chennai 600 124.

2. P.Santhilal Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of writ of certiorarified mandamus to call for the records relating to the order in Na.Ka.No.49/2014/A1 Town Panchayat Office, Thirumazhisai, Chennai 600 124 dated 4.4.2016 passed by the first respondent herein and quash the same and further direct the first respondent not to evict the petitioners from shops in Door No.2, Bajanai Koil Street, Udayarkoyil Village, Tirumazhisai Town Panchayat, Thiruvallur District.

For petitioner : Mr.K.Vasudevan For R1 : Mrs.A.Srijayanthi, Special Govt. Pleader COMMON ORDER (Order of the court was made by HULUVADI G.RAMESH, J.) Petitioner in W.P.No.13766 of 2016, being the owner of the property of Door No.2, Bajanaikoil Street, Udayarkoyil Village, Thirumazhisai Town Panchayat, Thiruvallur, stated that his mother purchased the said property in the year 1964 and from then onwards, they were in possession and enjoyment of the same by putting up residential building and after his mother had gifted the same to him in the year 2003, he became the absolute owner of the property alongwith his son by paying property tax, water tax, etc., and patta has also been transferred in his name.

He further contends that as the building was very old, he had decided to demolish the existing old structure and put up a new building in the year 2013 and hence, he applied for planning permission and obtained the building plan permission on 14.3.2014 and put up a new construction in the year 2014. He further contends that in the year 2014, the lands on the northern side of his property under Survey Nos.295/3, 295/4, 295/5, 295/6, 295/7 and 295/8 were acquired by the Government under Tamil Nadu Urban Development Project III Schemes for widening of the Thirumazhisai High Road and those lands were handed over to the Highways Department.

contending that the petitioner is putting up illegal construction and in that regard, a notice of lock and seal came to be issued to the petitioner by the second respondent. Challenging the notice, the petitioner is before this court.

2. Petitioners in W.P.No.14344 of 2016, being the tenants running their shops in their respective portions of the premises which is in question in W.P.No.13766 of 2016, have filed the writ petition being aggrieved over the notice issued by the Thirumazhisai Town Panchayat directing them not to open the shops.

3. In the counter filed by the Chennai Metropolitan Development Authority, it is stated in para 7 that the revised planning permission received from the Thirumazhisai Town Panchayat was examined by the CMDA and it was returned to the Town Panchayat as the total built up area was less than 300 sq.m. which comes under the ordinary building category as per the Development Regulations and the Executive Officer, Thirumazhisai Town Panchayat has powers to sanction the planning permission and take further action on the basis of the delegation of powers issued by CMDA.

4. The counter affidavit enlightens that the Executive Officer, Thirumazhisai Town Panchayat himself has powers to sanction the planning permission considering the fact that the total built up area is less than 300 sq.m. which comes under the ordinary building category. In view of the factual position that the CMDA has nothing to do with the planning permission sought for by the petitioner, the writ petitions are disposed of. However, it is made clear that it is for the petitioners to approach the second respondent with relevant documents and the second respondent shall consider the case of the petitioners and pass orders on merits and in accordance with law within a period of one month from the date of approach by the petitioners. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssk.

To:

1. The Member Secretary, The Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

2. The Executive Officer, Thirumazhisai, Chennai 600 124.

2 ccs to Mr.G.Muthukumar, Advocate, sr.32894 1 cc to Mr.C.Johnson, Advocate, sr.32617 1 cc to Mr.K.Vasudevan, Advocate, 32486 W.P.Nos.13766 of 2016 and 14344 of 2016 vgi co kra 08.08.2016