Pacifica Builders Private Limited v. Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-06-2025
CORAM
THE HONOURABLE MRS. JUSTICE N.MALA 1.Pacifica Builders Private Limited, Represented By its Authorized Representative Having Its Registered Office At 4- 5, Sigma Corporate Park, Nr.Mann Party Plot, Bodakdev,Gujarat Ahmedabad 380054 Having Its Site Office At Pacifica Aurum, Near Srr Engineering College, Rajiv Gandhi Salai, Omr Padur Village, Chennai 603103.
2.Sylvanus Builders And Developers Limited Represented By Its Authorized Representative Having Its Registered Office At 4- 5, Sigma Corporate Park, Nr. Mann Party Plot, Bodakdev, Gujarat Ahmedabad 380054.
Petitioners Having Its Site Office at Pacifica Aurum, Near Srr Engineering College, Rajiv Gandhi Salai, Omr Padur Village, Chennai 603103.
Vs 1.Member Secretary, District Town and Country Planning Office Mamallapuram Local Planning 1/6
Authority, D-block, 4 th Floor, New District Collectorate Complex Vedhanarayanapuram, Venbakkam Post Chengalpattu District 603 111.
2.The President, Padur Panchayat Thiruporur, Panchayat Union Thiruporur, Taluk, Chengalpattu.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, direction to the 2 nd Respondent herein to pass appropriate Orders on the 1 st Petitioner's Representation dated 15.04.2025 seeking for issuance of appropriate Demand Note towards Development Charges for the construction of Proposed Additional Residential Buildings in the Petitioners Real Estate Project namely Pacifica Aurum and to consequentially issue Building Permission / Final Approval in a time bound manner, pursuant to the Building Planning Permission bearing SWP/B.P/M.L.P.A (CD-5) No.29/25 B dated 25-03-2025, issued by the st respondent herein and pass such further or other Orders as this Court. For Petitioner(s):
M/s.R.Venkat Raman For Respondent(s):
Mr.M.Rajendiran, Additional Government Pleader
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, direction to the 2 nd Respondent herein to pass appropriate Orders on the 1 st Petitioner's Representation dated 15.04.2025 seeking for issuance of appropriate Demand Note towards Development Charges for the construction of Proposed 2/6
Additional Residential Buildings in the Petitioners Real Estate Project namely Pacifica Aurum and to consequentially issue Building Permission / Final Approval in a time bound manner, pursuant to the Building Planning Permission bearing SWP/B.P/M.L.P.A (CD-5) No.29/25 B dated 25-03-2025, issued by the st respondent herein.
2. The Petitioners are leading real estate developers with a nationwide presence and an international footprint through their group concern, Pacifica Companies. They submitted an online application on 27.10.2023 seeking DTCP approval for the construction of additional residential buildings and a clubhouse in their project, "Pacifica Aurum." The 1 st Respondent (DTCP, Chengalpattu) granted Planning Permission on 25.03.2025, which was forwarded to the 2 nd Respondent (President, Padur Panchayat) for issuance of Building Permission. Despite representations dated 03.04.2025 and 15.04.2025, requesting the issuance of a Demand Note and Building Permission, the 2 nd Respondent failed to act, prompting the filing of this Writ Petition.
3. Learned Counsel for the Petitioners submit that the proposed development includes 1,019 dwelling units, expected to generate employment 3/6
and boost the local economy. He submits that the petitioners have complied with all statutory requirements and made payments totaling several crores towards Shelter Fund, Infrastructure Charges, and Development Charges. He argues that the inaction of the 2 nd Respondent is arbitrary and has caused significant hardship to contractors, labourers, and vendors associated with the project. Therefore, the petitioners seek a Writ of Mandamus directing the 2 nd Respondent to issue the requisite Demand Note and Building Permission.
4. Learned Additional Government Pleader appearing for respondents 1 and 2 would submit that the representation of the 1 st petitioner dated 15.04.2025 would be considered on merits, in accordance with law within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the 2 nd respondent is directed to consider the representation of the 1 st petitioner dated 15.04.2025 after conducting a detailed enquiry by giving due notice to the 1 st petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the 1 st petitioner and pass appropriate orders on merits, 4/6
in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
7. In the result, the writ petition stands disposed of with the above observations and direction. No costs.
27-06-2025 Cda/gv (1⁄2) Index:Yes/No Speaking/Non-speaking order To 1.Member Secretary, District Town and Country Planning Office Mamallapuram Local Planning Authority, D-block, 4 th Floor, New District Collectorate Complex Vedhanarayanapuram, Venbakkam Post Chengalpattu District 603 111. 2.The President, Padur Panchayat Thiruporur, Panchayat Union Thiruporur, Taluk, Chengalpattu.
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N.MALA., J.
Cda/gv 27-06-2025 (1⁄2) 6/6