Ramaniyam Ocean Dew Owners Welfare Association v. Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ramaniyam Ocean Dew Owners Welfare Association represented by its President, Mr.K.Muthukumaran Ramaniyam Ocean Dew 200 Feet Radial Road, Pallikaranai, Chennai - 600 100.

Petitioner Vs 1.Member Secretary Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3.Ocean Lifespaces India Pvt. Ltd., No.MF1, Industrial Estate, CIPET Hostel Road, Guindy, Chennai - 600 032.

represented by its Managing Director, S.K.Peter 4.Ramaniyam Real Estates Private Limited No.14/67, Third Main Road, Gandhinagar, Adyar, Chennai - 600 020 represented by its Managing Director V.Jagannathan Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 02.04.2025 and act on the same within a stipulated period fixed by this Court. For Petitioner : Ms.R.Amizhdhu For Respondents : Mr.R.Thamaraiselvan, Standing Counsel [R1] Mr.D.B.R.Prabhu Standing Counsel [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to deal with the representation made by the petitioner association on 02.04.2025 wherein the association is seeking for revocation of the planning permission granted to the third respondent and for other consequential reliefs.

2. Heard Ms.R.Amizhdhu, learned counsel for petitioner, Mr.R.Thamaraiselvan, learned Standing Counsel appearing for first respondent and Mr.D.B.R.Prabhu, learned Standing Counsel appearing for second respondent.

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3. The case of the petitioner is that the third respondent had promoted a residential project, which is described as A schedule. 282 flats were constructed along with club house and other amenities after getting approval from the respondents 1 and 2 in the year 2015. The completion certificate for the project was issued on 09.05.2018.

4. The third respondent along with the fourth respondent proceeded to jointly develop another residential project for an extent of 179 cents on the south and east side of the existing property. It came to light that the respondents 3 and 4 had obtained approval by fraudulently merging the project, which has already been completed and the project that is going to be undertaken for the remaining 179 cents as if they constitute a single land. The approval was also granted and the petitioner association made a detailed representation to the first respondent dated 02.04.2025 seeking for revoking the planning permission and to confirm that the new project will not have any access through the driveway of the existing project to reach the main road and to make available the approach roads to the existing building and to remove the encroachment and constructions that have already been done in a portion of the driveway and car parking which belongs to the petitioner association. 3/6

Since the same was not considered, the present writ petition has been filed before this Court.

5. This Court has carefully considered the submissions made on either side and the materials available on record.

6. There shall be a direction to the first respondent to deal with the representation made by the petitioner on 02.04.2025 by calling for enquiry and giving opportunity to the respondents 3 and 4. A final decision shall be taken strictly in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. This writ petition is disposed with the above direction. No costs.

23.06.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6

To 1.The Member Secretary, Chennai Metropolitan Development Authority, 'Thalamuthu-Natarajan Maaligai', No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

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N.ANAND VENKATESH, J gm 23.06.2025 6/6