A. Purushothaman v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2015

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.30984 of 2015 A.Purushothaman

...Petitioner

Vs

1. The Member Society, Chennai Metropolitan Development Authority, Thalamuthu Nataraja Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 600 003.

3. Abdul Majeed.

...Respondents

Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation, dated 03.09.2015 and to forbear the respondents 1 and 2 not to grant any planning permission to the third respondent in respect of the property of an extent of 750 sq.ft., in Door No.17, comprised in Old S.No.165, New S.No.3328, Mahaboob Hussain Sahib, first street, Chintadripet, Narasingapuram, Triplicane, Chennai, pursuant to the objections by the petitioner dated 03.09.2015.

For Petitioner : Mr.AL.Ganthimathi For Respondent- 1 : Mr.K.Rajasrinivas, Standing Counsel for CMDA For Respondent- 2 : Mr.P.V.Selvakumar For Respondent- 3 : Mr.C.Gurulingam

ORDER

Heard Mr.AL.Ganthimathi, learned counsel appearing for the petitioner, Mr.K.Rajasrinivas, learned Standing Counsel (for CMDA) who accepts notice for the first respondent, Mr.P.V.Selvakumar, learned counsel who accepts, notice for second respondent and Mr.C.Gurulingam, learned counsel, who took notice for the third respondent.

2.

The prayer in the Writ Petition is for issuance of a Writ of mandamus upon the respondents to consider the petitioner's representation, dated 03.09.2015, and to forbear the respondents 1 and 2 from granting any planning permission to the third respondent, in respect of the property, bearing Door No.17, comprised in Old S.No.165, New S.No.3328, Mahaboob Hussain Sahib, first street, Chintadripet, Narasingapuram, Triplicane, Chennai, measuring an extent of 750 sq.ft., pursuant to the objections by the petitioner dated 03.09.2015. 3.

The learned Standing Counsel for the first respondent/Chennai Metropolitan Development Authority, submits that, as on date, there is no application pending for consideration before the first respondent, and the first respondent has not granted any such planning permission to the third respondent.

4. The submission made by the learned Standing Counsel for the first respondent is placed on record. Consequently, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sd/ds

To

1. The Member Society, Chennai Metropolitan Development Authority, Thalamuthu Nataraja Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Corporation of Chennai, Rippon Building, Park Town, Chennai - 600 003.

1 CC to Mr.AL.Ganthimathi, Advocate SR.No. 60459 1 CC to Mr.K.Rajasrinivas, Advocate SR.No. 60331 1 CC to Mr.P.V.Selvakumar, Advocate SR.No. 60215 1 CC to Mr.C.Gurulingam, Advocate SR.No. 60962 W.P.No.30984 of 2015 RSK (CO) PSI (24.11.2015)