M/S. Olympia Merlin Developers v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 29.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.16375 of 2016 M/s.Olympia Merlin Developers Private Limited, Rep. by its Director, Having Office at Old No.7, New No.13, 1st Floor, Srinivasa Avenue Road, Ramakrishna Nagar, R.A.Puram, Chennai-600 028.

.. Petitioner

Versus

1.The Member Secretary, Mamallapuram Local Planning Authority, Five Ratha Commercial Complex, Mamallapuram, Kancheepuram District.

2.The Director, Tamil Nadu Town and Country Planning Department, No.807, Anna Salai, Chennai-600 002. .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the first respondent herein to forthwith grant renewal of Planning Permit No.136/2011, dated 06.08.2012 for putting up construction in the property comprised in Survey Nos.136/1A, 136/1B1B, 136/8B, 137/1 to 137/66, 67B, 68 to 88, 89A, 89B, 90 to 93, 95, 96, 97 and 144 in Thiruvidanthai Village, Tiruporur Taluk, Kancheepuram District and property comprised in Survey Nos.67/13B, 13C, 13D, 16A, 18A1, 18A2, 18B, 73/4A, 4B, 4C in Kovalam Village, Sholinganallur, Kancheepuram District and also grant approval for putting up additional construction / alteration in the already approved Building Plan No.136/2011, dated 06.08.2012 as per letter dated 29.02.2016. For Petitioner : Mr.A.R.L.Sundaresan, Senior Counsel, Mr.AL.Ganthimathi For Respondents : Mr.M.L.Mahendran Government Advocate

O R D E R

Heard Mr.A.R.L.Sundaresan, learned Senior Counsel, assisted by Mr.AL.Ganthimathi, learned counsel appearing for the petitioner and Mr.M.L.Mahendran, learned Government Advocate, accepting notice on behalf of respondents. With the consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2. The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, to direct the first respondent herein to forthwith grant renewal of Planning Permit No.136/2011, dated 06.08.2012 for putting up construction in the property comprised in Survey Nos.136/1A, 136/1B1B, 136/8B, 137/1 to 137/66, 67B, 68 to 88, 89A, 89B, 90 to 93, 95, 96, 97 and 144 in Thiruvidanthai Village, Tiruporur Taluk, Kancheepuram District and property comprised in Survey Nos.67/13B, 13C, 13D, 16A, 18A1, 18A2, 18B, 73/4A, 4B, 4C in Kovalam Village, Sholinganallur, Kancheepuram District and also grant approval for putting up additional construction / alteration in the already approved Building Plan No.136/2011, dated 06.08.2012 as per letter dated 29.02.2016.

3. During the course of the argument, the learned Senior Counsel appearing for the petitioner submitted that the petitioner would be satisfied, if the first respondent is directed to consider the petitioner's representation dated 12.03.2016 and it is further submitted that all the litigations which were initiated are over and as on date, there is no legal impediment.

4. The learned Government Advocate appearing appearing for the respondents submitted that the correctness of the submission made by the petitioner has to be verified by the Authority and the Authority will proceed in accordance with law.

5. In the light of the above, there will be a direction to the first respondent to consider the petitioner's representation dated 12.03.2016, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To 1.The Member Secretary, Mamallapuram Local Planning Authority, Five Ratha Commercial Complex, Mamallapuram, Kancheepuram District.

2.The Director, Tamil Nadu Town and Country Planning Department, No.807, Anna Salai, Chennai-600 002.

+1cc to Mr.A.L.Ganthimathi, Advocate sr.27802 W.P.No.16375 of 2016 pvs(CO) srg(06/05/2016)