Madras High CourtWP/1914/2015disposed of

Deccan Estates Ltd., v. The Member Secretary

2015-01-29Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM WP.No.1914 of 2015 Deccan Estates Ltd., rep. by its Managing Director Deccan Chambers, No.24 Dr.B.N.Raod, T.Nagar, Chennai 600 017.

.. Petitioner

Versus

The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

.. Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent herein to forthwith consider the application dated 06.01.2015 of the petitioner herein and grant planning permission for putting up of 180 dwelling units in the lands of an extent of 2.45 acres in Survey Nos.320/2B1B, 1C, 1D, 1E, 1F, 1G, 1H and 1I,2B3A, 321/1A1, A2, A3, A4, A5, A6 and A7 of Sholinganallur village.

For Petitioner : Mrs.AL.Ganthimathi For Respondent : Mr.A.Kumar

ORDER

Heard Mrs.AL.Ganthimathi, learned counsel for the petitioner and Mr.A.Kumar, learned counsel appearing for the respondent/CMDA and with their consent, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for the issuance of a writ of mandamus to direct the respondent herein to forthwith consider the application dated 06.01.2015 of the petitioner herein and grant planning permission for putting up of 180 dwelling units in the lands in an extent of 2.45 acres in Survey Nos.320/2B1B, 1C, 1D, 1E, 1F, 1G, 1H and 1I,2B3A, 321/1A1, A2, A3, A4, A5, A6 and A7 of Sholinganallur village.

https://hcservices.ecourts.gov.in/hcservices/

3. According to the petitioner, they have proposed to construct residential units consisting of 180 houses in four block with stilt plus four floors. Accordingly, they submitted an application before the respondent for grant of planning permission. It appears that the petitioner's application was returned by the authority pointing out certain defects. According to the petitioner, they have complied with all the defects and represented the plan. Stating that, till date the respondent has not considered the same, the petitioner is before this Court.

4. Since the writ petition is disposed of at the admission stage, the correctness of the submission made by the petitioner cannot be verified. However, since the petitioner has already represented the application for grant of planning permission and according to the petitioner, after rectifying the defects pointed out by the authority, the respondent shall consider the same and pass orders in accordance with law as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar vj2 To The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajar Building No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

1 cc to Mr.,A.L. Gandhimathi, advocate, Sr. 4669 WP.No.1914 of 2015 RV (CO) kk 6/2 https://hcservices.ecourts.gov.in/hcservices/