N.Balamurugan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Balamurugan ..

Petitioner Vs 1.The Secretary to Government, Housing and Urban Development, (UD4 (3) Department, Fort St. George, Chennai-600 009.

2.The Chairman, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Commissioner, Directorate of Town and Country Planning, No.6, Anna Salai, Chennai-600 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the

records of the first respondent relating to G.O.Ms.No.111, Housing and Urban Development, (UD4(3) Department, dated 22.06.2017 and to quash the same insofar as it restricts the building or class of buildings developed on or before 1st day of July 2007 along are entitled to regularised and consequently direct the first respondent to extend the benefit to all those persons by amending the Tamil Nadu Town and Country Planning Act by increasing the Floor Space Index Ratio and other necessary amendments.

For the Petitioner : No Appearance For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.1 to 4 &

ORDER

(Order of the court was made by the Hon'ble Chief Justice) None appears for the petitioner when the matter is called out.

2. In similar set of matters, we have already passed orders, such as W.P.No.23889 of 2017 dated 03.07.2023 (V.B.R.Menon v. The Secretary to Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai-9 and others).

3. In the light of that, we follow the same course.

4. We, accordingly, dispose of the present writ petition with an observation that if subsequently after the orders are passed by the Apex Court the petitioner has any remedy open, he is entitled to agitate the same afresh. In that event, all contentions are kept open. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 10.08.2023 Index :

Yes/No Yes/No bbr To:

1.The Secretary to Government, Housing and Urban Development, (UD4 (3) Department, Fort St. George, Chennai-600 009.

2.The Chairman, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Commissioner, Directorate of Town and Country Planning, No.6, Anna Salai, Chennai-600 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

bbr 10.08.2023