P.Suresh Kumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MRS JUSTICE N.MALA

1. P.Suresh Kumar S/o Mr. R. Palanichamy No 5/1, Balaji Avenue, Thiruvalluvar Salai, Ramapuram Chennai 600 089.

2.P.Saravanan Kumar S/o Mr. R. Palanichamy No 5/1, Balaji Avenue, Thiruvalluvar Salai, Ramapuram Chennai 600 089.

Petitioner(s) Vs

1. The Managing Director, Tamil Nadu Housing Board, No 493, Anna Salai, Nandanam, Chennai 600 035.

2.The Executive Engineer Works Department Greater Chennai Corporation, Ribon Building Chennai 600 003.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents herein to consider the representation letter dated 20.06.2023 and consequently directing the respondents to grant planning permission for property situated in plot no. 13, S.No.92, Balaji Avenue, Ramapuram Village, Maduravoyal Taluk, Saidapet Joint -II, Sub Registrar Office within the stipulated time. For Petitioner(s):

Mr.R.Venkatesh For Respondent(s):

Mr.A.M.Ravidranath Jeyapaul Standing Counsel for R1 Mrs.S.Vanitha Joice Rani For R2

ORDER

The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents herein to consider the representation letter dated 20.06.2023 and consequently directing the respondents to grant planning permission for the property situated in Plot No. 13, S.No.92, Balaji Avenue, Ramapuram Village, Maduravoyal Taluk, Saidapet Joint-II, Sub Registrar Office within the stipulated time.

2. The case of the petitioner is that the petitioners have obtained the aforesaid property on 08.02.2010, by virtue of Settlement Deed registered as Doc.No.224/2010. Subsequent to the execution of the said Deed, the petitioners

are in lawful possession and enjoyment of the same. The said Survey number was further sub-divided as S.F.No.92/6, herein after referred to as the subject property. When the petitioner intend to construct a house in the aforesaid property, the petitioners have applied for planning approval before the Corporation of Chennai on 29.09.2020 for building approval and paid the necessary fee also. The second respondent has forwarded the application to the st respondent for want of "No Objection Certificate" from the first respondent, but till date the first respondent has not issued the NOC. Further, a demand advice dated 12.10.2020 was issued to the petitioners calling upon them to pay fees. It is also stated that the petitioners' father applied planning approval for Plot No.

1 in the same survey number and in the same village and the 2 nd respondent has already granted planning permission without insisting N.O.C from the first respondent. Since 2020 onwards the petitioners are approaching the respondents continuously, however, no planning permission has been granted by the respondents. Aggrieved by the same, the petitioner made a representation to the second respondent on 20.06.2023, seeking for grant of planning approval.

taken by the respondents. Hence, the petitioner had filed the present Writ Petition.

3. The learned counsel for the petitioner would submit that, in similar issue this Court in WP No. 5285 of 2024, dated 24.03.2025 passed an order by directing the Committee to consider the application submitted by the petitioner therein on merits, in accordance with law, and pass appropriate orders within a period of six months from the date of receipt of a copy of this order. Accordingly, he prayed for passing similar order in the present Writ Petition also. The relevant portion of the order in W.P.No.5285 of 2024 is extracted herein under:

"8. Now since the Committee has been constituted to resolve the grievances raised by the subsequent purchasers, this Court feels it appropriate to direct the Committee to consider the application dated 19.02.2021 submitted by the petitioner.

9. Accordingly, the Committee is directed to consider the application dated 19.02.2021 submitted by the petitioner on merits, in accordance with law, and pass appropriate orders within a period of six months from the date of receipt of a copy of this order.

10. With the above direction, the Writ Petition is disposed of. No costs."

4. Following the order passed in WP No. 5285 of 2024, dated 24.03.2025, this Court directs the Committee to consider the petitioner's representation dated 20.06.2023, and pass appropriate orders on merits and in accordance with law, within a period of six months, from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd/dh

To

1. The Managing Director, Tamil Nadu Housing Board, No 493,Anna Salai, Nandanam, Chenani 600 035.

2.The Executive Engineer Works Department Greater Chennai Corporation, Ribon Building Chennai 600 003.

N.MALA. J., jd/dh 11-08-2025