Credai Chennai, v. State Of Tamilnadu, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 27932 of 2014 and M.P.Nos.1 to 3 of 2014 CREDAI Chennai Rep by its President Mr.Ajit Choradia 11, Sir Thiyagaraja Road T.Nagar, Chennai - 600 017 .. Petitioner
Versus
1.State of Tamil Nadu Rep by the Secretary to the Government Housing and Urban Development Department Chennai - 600 009
2. Commissioner of Town and Country Planning 807, Anna Salai Chennai - 600 002
3. Chennai Metropolitan Development Authority Rep by its Member Secretary Thalamuthu Natarajau Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008
4. The Additional Commissioner of Police - Traffic 1/4
Kilpauk, Chennai .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records of the first respondent, comprising of the Circular dated 21.07.2010 bearing Letter No.14561/UD I/10-2 issued by the first respondent directing the third respondent to mandate a No-objection Certificate from the fourth respondent department as a prerequisite for grant of planning permission by it to multi-storied buildings and group developments, and quash the same as unconstitutional, illegal, arbitrary, and ultravires the provisions of the Tamil Nadu Town and Country Planning Act, 1971, the Development Regulations, 2008. For Petitioner : Mr.Subhang Nair for Mr.Sathish Parasaran For Respondents : Mr.Naveenkumar for R1&2 Government Advocate Mr.K.Mageshwari for R3 Mrs.P.T.Ramadevi for R4
ORDER
This writ petition has been filed challenging the Circular dated 21.07.2010 bearing Letter No.14561/UD I/10-2 issued by the first respondent directing the third respondent to mandate a No-objection Certificate from the fourth respondent department police (Traffic Department) while processing multi-storied buildings and group developments.
2. The main challenge is on the ground that No Objection Certificate 2/4
not statutorily required should not be insisted upon. Further, even the earlier circular issued in the year 2009, that is on 05.05.2009 also indicated that that such certificate not statutorily required, should not be insisted upon. Contrary to the same, the impugned circular has been issued by the first respondent.
3. When the case was taken, Mrs.K.Mageshwari, learned counsel for third respondent, on instructions, submitted that now, there is no requirement for production of No Objection Certificate from the Police Department and the applications have been processed on the basis of the governing rules. Such statement is recorded. Mr.Selavanayagan, Law Officer is present who also asserted the above stand.
4. Such view of the matter, no further order is required and this writ petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.
02.01.2023 dhk Index:Yes/No Speaking Order : Yes / No N.SATHISH KUMAR, J.
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dhk To 1.The Secretary to the Government State of Tamil Nadu Housing and Urban Development Department Chennai - 600 009
2. The Commissioner of Town and Country Planning 807, Anna Salai Chennai - 600 002
3. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajau Building No.1, Gandhi Irwin Road Egmore, Chennai - 600 008
4. The Additional Commissioner of Police - Traffic Kilpauk, Chennai 02.01.2023 4/4