S.Ananthan v. Chennai Metropolitan Development Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.15790 of 2020 and W.M.P Nos.19630 & 19631 of 2020 S.Ananthan

...Petitioner

Vs.

1.Chennai Metropolitan Development Authority Rep by its Member-Secretary, Thalamuthu- Natarajan Building, Gandhi-Irwin Road, Egmore, Chennai 600008.

2.The Greater Chennai Corporation Rep. By its Commissioner, Ripon Building, Chennai 600003.

3.The Sub-Registrar, Villivakkam, Sub-Registrar's Office No.8, Shanthi Nagar, Korattur, Chennai 600076.

4.The Tahsildar, Ambattur Taluk, Ambattur, Chennai 600 053.

5.V.N.Devadoss 1/5

6.M/s.V.Guruswamy Naidu & Co. Private Limited Rep by its Managing Director 333, Poonamallee High Road, Aminjikarai, Chennai 600 029.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the proceedings of the 1st respondent more particularly the planning permission made in L1/19378/2018-1 dated 21.10.2019 granted in favour of the 6th respondent and quash the same in respect of the lands comprised in Survey No.236/2 of Padi Village, Ambattur Taluk, Chennai District.

For Petitioner : Mr.S.Gunasekaran For Respondent 1 : Ms.Veena Suresh for R1 For Respondent 2 : Ms.P.T.Ramadevi, Standing Counsel For Respondents 3 & 4 : Mr.N.Naveen Kumar, Government Advocate For Respondents 5 & 6 : Mr.R.Bharath Kumar

O R D E R

The writ petition is field challenging the order passed by the 1st respondent granting planning permission in favour of the 6th respondent in respect of the land comprised in Survey No.236/2 of Padi Village, Ambattur Taluk, Chennai District.

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2.Against the order granting planning permission, an Appeal shall lie under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971, before the Prescribed Authority. In view of the availability of alternative remedy, this Court is not inclined to entertain this writ petition. Therefore, the writ petition is dismissed with liberty to the petitioner to file an Appeal under Section 79 of the Tamil Nadu Town and Country Planning Act, 1971. The petitioner is entitled to exclude the time taken by him in prosecuting the writ petition before this Court namely the date of filing of writ petition (16.10.2020) to the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 22.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti Note:Registry is directed to return the Original Order 3/5

Copy to the learned counsel for the petitioner. S.SOUNTHAR , J.

nti To 1.The Member-Secretary, Chennai Metropolitan Development Authority Thalamuthu- Natarajan Building, Gandhi-Irwin Road, Egmore, Chennai 600008.

2.The Commissioner, The Greater Chennai Corporation Ripon Building, Chennai 600003.

3.The Sub-Registrar, Villivakkam, Sub-Registrar;s Office No.8, Shanthi Nagar, Korattur, Chennai 600076.

4.The Tahsildar, Ambattur Taluk, Ambattur, Chennai 600 053.

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