Pmr Educational Trust v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.7779 of 2010 and M.P.No.1 of 2010 PMR Educational Trust, rep. by its Trustee P.Markannathas, Plot No.2036, 15th Main Road, Anna Nagar West, Chennai-600 040.

.. Petitioner -vs1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2.The Commissioner, Villivakkam Panchayat Union, at Ambattur.

3.M/s.Red Fort Shahjahan Properties Pvt. Ltd., by its Authorised Agent R.D.Muthana, 93-B, Mittal Court, Nariman Point, Mumbai-400 021.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the first respondent in letter No.M2/16945/2009 dated 17.03.2010 and quash the same made thereon and to direct the first respondent to strictly enforce all the Building Regulations in particular Chennai Metropolitan Area, 2026 Regulation No.27-Rule 22 (Regulation for group development) and Regulation No.28-Rule 19 for (multi storied buildings) applicable tot he third respondent and to stop unauthorised constructions forthwith.

For Petitioner :

Mr.V.Vaithiyalingam For Respondents :

Mr.K.Rajasrinivas for R1 R2 - No Appearance

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The prayer in the writ petition is to direct the first respondent to enforce all the Building Regulations, in particular Chennai Metropolitan Area and to quash the letter dated 17.03.2010.

2. On a perusal of the letter dated 17.03.2010, it transpires that it is the communication from the Chennai Metropolitan Development Authority to the petitioner informing that Development Regulation provisions DR.No.27(22) and 28(19) will apply when the connected land owner apply for the planning permission with an extent of the site exceeding one hectare as provided in Development Regulations.

3. We thus fail to appreciate really what relief the petitioner claimed, as the planning permission norms are to be followed as stated by the learned counsel for respondent No.1.

4. The writ petition is closed. No costs. Consequently, M.P.No.1 of 2010 is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai-600 008.

2.The Commissioner, Villivakkam Panchayat Union, at Ambattur.

+1cc to Mr.V. Vaithiyalingam, Advocate, S.R.No.63628 +1cc to Mr.K. Rajashrinivas, Advocate, S.R.No.63573 +1cc to the Government Pleader, S.R.No.63900 sm (CO) md (15/11/2016) W.P.No.7779 of 2010