G.Ramkant Pandey v. 1.The Union Of India, Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.04.2015
CORAM:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice R. MAHADEVAN Writ Petition No. 713 of 2004 G. Ramakant Pandey ... Petitioner vs.
1. The Union of India rep. by its Ministry of Environment and Forests 6th Floor, Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi.
2. The State of Tamil Nadu rep. by its Secretary to Government Department of Environment and Forests Fort St. George, Chennai 600 009.
3. The State of Tamil Nadu rep. by its Secretary to Government Department of Housing and Urban Development Fort St. George, Chennai 600 009.
4. The Chennai Metropolitan Development Authority rep. by its Member Secretary Thalamuthu Natarajan Maligai Egmore, Chennai 600008.
5. The Tamil Nadu Coastal Zone Management Authority, rep. by its Member Secretary Office of the Director Department of Environment Government of Tamil Nadu Panagal Building, Saidapet, Chennai-15.
6. The Commissioner Corporation of Chennai Rippon Buildings, Chennai-3.
7. M/s. Rajani Hotels Ltd.
Nos. 6 & 7, Santhome High Road Chennai 600 004.
8. M/s. Appasamy Real Estate Ltd.
T.Nagar, Chennai 600 017.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent, culminating in the planning permission bearing No.000350 dated 10.12.2002, quash the same and direct the fourth respondent to demolish all construction beyond that permissible for Special Buildings.
For Petitioner : Ms. Vijayalakshmi Rajarathinam for M/s.T.Mohan & S.Devika For Respondents : Mr. S.T.S. Murthi Govt. Pleader for R2 & R3 Mr. Su. Srinivasan Asst. Solicitor General for R1 Mr. K. Raja Srinivas for R4 Mr. M.K. Subramanian Spl. Govt. Pleader (Forests) for R5 Mr. Sathish Parasaran for R7 & R8 No Appearance for R6.
O R D E R
(Made by The Hon'ble The Chief Justice) Once again, an adjournment is sought in this old matter. We are not inclined to accede to the request, more so, as this is a Special Bench which has been constituted for hearing this matter.
2. The petitioner has also failed to comply with the order dated 09.03.2015, requiring him to file an affidavit. This indicates the loss of interest on the part of the petitioner.
3. We had put a query to the learned counsel for the petitioner on 09.03.2015 as to why we should not relegate the matter to the fourth respondent, which had granted the planning permission, to scrutinize the objections of the petitioner and not to take up the issue before such scrutinization, in a Public Interest Litigation filed by the petitioner.
4. We are inclined to adopt the said course of action and relegate the matter to the fourth respondent/CMDA to scrutinise the objections raised by the petitioner and take a decision on the same within a maximum period of two months of the communication of this order.
5. The writ petition accordingly stands disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ATR Copies to;
1. The Ministry of Environment and Forests Union of India 6th Floor, Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi.
2. The Secretary to Government State of Tamil Nadu Department of Environment and Forests Fort St. George, Chennai 600 009.
3. The Secretary to Government State of Tamil Nadu Department of Housing and Urban Development Fort St. George, Chennai 600 009.
4. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai Egmore, Chennai 600008.
5. The Member Secretary Tamil Nadu Coastal Zone Management Authority Office of the Director Department of Environment Government of Tamil Nadu Panagal Building, Saidapet, Chennai-15.
6. The Commissioner Corporation of Chennai Rippon Buildings, Chennai-3.
+1cc to Mr.K.Rajasrinivas, Advocate, S.R.No.19144 +1cc to Mr.Sathish Parasaran, Advocate, S.R.No.18556 +1cc to the Government Pleader, S.R.No.18694 W.P. No. 713 of 2004 RSY(CO) CA(13/04/2015)