Choodamani Narayanan v. Chennai Metropolitan Development Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.17019 of 2023 1.Mrs.Choodamani Narayanan rep. by her son & Power Agent, Mr.N.Krishnan 2.Mr.Puneet Gupta 3.Dr.Sadayavel Kailasam Petitioners vs.

1.Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maligai, No.1, Gandhi-Irwin Road, Egmore, Chenai - 600 008.

2.Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai - 600 003.

3.Ms.Archana Ruia 4.M/s.Maia Estates LLP represented by Founder and CEO Mr.Mayanak Ruia, 34, Ulsoor Road, Yellappa Garden, Yellappa Chetty Layout, Sivanchetti Gardens, Bengaluru, Karnataka - 560 042.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents not to grant any planning permission to the 3rd and 4th respondents, their agents and/or

representatives, in respect of the immovable property situate at No.14/12, Parthasarathy Gardens, Alwarpet, Chennai - 600 018, which would be in violation of the conditions specified in L.A.No.47 of 1968. For Petitioner : Mr.Velmurugan for R and P Partners For Respondents : Mrs.R.Revathy Standing Counsel for R1 Mrs.P.T.Ramadevi Standing Counsel for R2

O R D E R

This writ petition was filed for a direction to CMDA and Chennai Corporation not to grant any planning permission to the 3rd and 4th respondents which according to the petitioner is in violation of the earlier planning permission granted.

2.When the matter came up for admission on 08.06.2023, this Court passed the following order:

Mrs.R.Revathy, learned Standing Counsel, takes notice for the first respondent.

2. Mrs.P.T.Ramadevi, learned Standing Counsel, takes notice for the second respondent.

3. The petitioners have already given their objections to the first respondent to consider their representation and take

note of the objections of the petitioners while dealing with the planning permission application that has been submitted by respondents 3 and 4. Learned counsel for petitioners submitted that the application is pending before the first respondent.

4. Learned Standing Counsel appearing on behalf of the first respondent is directed to take instructions on the objections made by the petitioners and inform this Court. Post this writ petition under the caption 'for orders' on 16.06.2023.

3.When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of the CMDA submitted that the 3rd and 4th respondents have not submitted any application and as on date, no application is pending seeking for planning permission with respect to the subject property. 4.The learned counsel for the petitioner submitted that as and when any application is submitted by the 3rd and 4th respondents before the 1st and 2nd respondents, the objection of the petitioner may be considered before taking any final decision.

5.Recording the submission of the learned Standing Counsel appearing on behalf of CMDA, it is made clear that as and when any application is submitted by

N. ANAND VENKATESH, J.

ssr the 3rd and 4th respondents seeking for planning permission, the petitioner shall be put on notice and they shall be heard before taking a final decision. 6.This writ petition is disposed of in the above terms. No Costs. 16.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maligai, No.1, Gandhi-Irwin Road, Egmore, Chenai - 600 008.

2.Greater Chennai Corporation, Ripon Buildings, Park Town, Chennai - 600 003.

W.P No.17019 of 2023