S.A.Bhalan v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.11833 of 2014 and M.P.Nos.1 and 2 of 2014 S.A.Bhalan .. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2.The Commissioner, Chennai-600 003.

3.The Executive Engineer (Town Planning), Chennai Corporation Zone - V, No.61, Basin Bridge Road, Chennai-600 079.

4.J.Anusuya, Managing Director, M/s. J Hotels Private Limited, No.27/29, Thilak Street, T.Nagar, Chennai-600 017.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the first respondent in Letter No.B3/18504/08 dated 14.05.2010 and the building permission given by the third respondent in No.CEBA/CD02/00118/2011 dated 13.05.2011 both in favour of the fourth respondent and quash the same and consequently direct the respondents 1 to 3 to remove the construction made by the fourth respondent in violation of the Development Regulations prescribed by the first respondent.

For Petitioner : Mr.S.Ganesh For Respondents : Mr.N.Sampath for R1 Mr.K.Soundararajan for R2&R3 Mr.G.Masilamani Senior Counsel for M/s.Mani Sundara Gopal * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner through this public interest litigation seeks to assail the planning permission granted on 14.05.2010 and the building permission granted on 13.05.2011 in 2014. The building is stated to be ready and as per the learned Senior Counsel appearing for the fourth respondent, 81 flats have been constructed, out of which 70 have been sold.

2. We do not appreciate the endeavour of the petitioner after so many years to rake up the issue of grant of building and planning permissions, which really affects large number of third parties.

3. The writ petition is dismissed.

No costs.

Consequently, M.P.Nos.1 and 2 of 2014 are closed. - s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar bbr To 1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2.The Commissioner, Chennai-600 003.

3.The Executive Engineer (Town Planning), Chennai Corporation Zone - V, No.61, Basin Bridge Road, Chennai-600 079.

+1 cc to Mr.S.Ganesh Advocate sr.38641 +1 cc to Mr.N.Sampath Advocate sr.38426 +1 cc to Mr.K.Soundararajan Advocate sr.38615 +2 ccs to Mr.Mani Sundargopal Advocate sr.38331 W.P.No.11833 of 2014 aa29/07/2016