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Madras High CourtWP/6129/2010disposed of

A.Karunakar v. The Member Secretary

2018-06-11Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.6129 of 2010 A.KARUNAKAR ... Petitioner Vs.

1. The Member Secretary, Chennai Metropolitan Development Authority Thallamuthu Natarajan Building No.1, Gandhi - Irwan Road, Egmore, Chennai - 600 008.

2. The Tamil Nadu Housing Board, Rep.by its Chairman, Nandanam, Chennai - 600 035.

3. The Executive Officer, Valasaravakkam - III Grade, Municipality, Valasaravakkam, Chennai - 600 087.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents 1 and 3 to issue planning permission to the petitioner's plot bearing plot No.79, Rukminidevi Street, Indira Nagar, situated No.84, Valsaravakkam Village, Saidapet Taluk, Cheni-MGR District, comprised in Survey No.180, measuring an extent of 2400 square feet in the office of the Sub-registrar of Virugambakkam and registration District of Chennai South, without insisting on the petitioner to produce the 'No Objection Certificate' from the 2nd respondent for processing the same. For Petitioner : M/s. P.Subba Reddy For Respondents:

Mr. P.S.Ganesh for R1 Mr.B.Vivekavanan for R2 Mr.Paranthaman for R3

ORDER

The petitioner has come up with the present writ petition for a mandamus directing the respondents 1 and 3 to issue planning permission to his plot bearing No.79, Rukminidevi Street, Indira Nagar, situated at No.84, Valsaravakkam Village, Saidapet Taluk, Chengai-MGR District, comprised in Survey No.180, measuring to an extent of 2400 square feet, without insisting the petitioner to produce 'No Objection Certificate' from the 2nd respondent for processing the same. 2.Today, when the matter is taken up for consideration, the learned counsel for the petitioner is unable to state as to whether the planning permission has been granted to the petitioner in respect of his plot in question. However, the learned counsel submitted that due to efflux of time, the writ petition may be closed with liberty to the petitioner to approach the authority concerned with a fresh representation seeking planning permission, if not already granted. 3.In view of the submission so made by the learned counsel for the petitioner, liberty is granted and the writ petition stands closed. No costs.

Sd/-- Assistant Registrar(co) //True Copy// Sub Assistant Registrar To

1. The Member Secretary, Chennai Metropolitan Development Authority Thallamuthu Natarajan Building No.1, Gandhi - Irwan Road, Egmore, Chennai - 600 008.

2. The Chairman, The Tamil Nadu Housing Board, Nandanam, Chennai - 600 035.

3. The Executive Officer, Valasaravakkam - III Grade, Municipality, Valasaravakkam, Chennai - 600 087.

+1cc to Mr.P.Subba Reddy, Advocate Sr.No.36210 +1cc to Mr.P.S.Ganesh, Advocate SR.no.36175 +1cc to Mr.B.Vivekavanan, Advocate sR.No.36394 +1cc to Government Pleader Sr.No.36628 PVS(CO) sm:11.7.2018 W.P.No.6129 of 2010