V.N.Devadoss v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN V.N.Devadoss .... Petitioner .Vs.

1.The Secretary Housing & Urban Development Government of Tamil Nadu Fort St.George Chennai 600 009.

2.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi-Irwin Road Egmore, Chennai 600 008.

3.The Director of Town & Country Planning 807, Anna Salai Chennai.

4.The Commissioner Avadi City Municipal Corporation Chennai 600 054.

... Respondents 1 / 6

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd Respondent in his proceedings in Letter No.L1/905/2019 dated 24.08.2020 to quash the same and to further direct the Respondents to grant Planning Permission to the Petitioner for the lands comprised in Survey No.62/1 (Part) and 65/2 (Part) Paleripattu Village, Poonamallee Taluk, now Avadi Taluk Thiruvallur District within the Limits of Avadi Municipality (Now Avadi City Municipal Corporation) in the II Master Plan published in the Government Gazettee on 02.09.2008 vide GO Ms No.191 of Housing and Urban Development as per the Petitioners Application dated 20.04.2020. For Petitioners : Mr.Karthik Rajan for Mr.Menon For Respondents : Mr.N.Naveen Kumar Government Advocate for R1 & R2 Mrs.P.Veena Suresh Standing Counsel for R3 Mr.R.Gopinath Standing Counsel for R4

O R D E R

The Writ Petition has been filed in the nature of a Certiorarified Mandamus to interfere with the order of the 2nd respondent dated 24.08.2020 and 2 / 6

to direct the respondents to grant Planning Permission to the petitioner for the lands in Survey No.62/1 (Part) and 65/2 (Part, Paleripattu Village, Poonamallee Taluk , now Avadi Taluk in Thiruvallur District. 2.Let me not enter into discussion on the aspects since in the counter affidavit filed by the 2nd respondent after raising various contentions, in para 15, the respondents have stated as follows:

"15. I further submit that the petitioner can avail Transfer of Development rights for the portion of land surrendered for road an can utilise the TDR Certificate for payment of Premium FSI charges in lieu of cash for the apartment projects developed by is firm or can sell these TDR certificate to private parties". 3.The learned counsel for the petitioner stated that the petitioner would explore the possibility of availing such transfer of development right for the petitioner. If the petitioner is of such opinion then a representation may be given to the 2nd respondent who may proceed in the manner known to law. The representation must be disposed of within a period of eight weeks from the date of receipt of copy of the representation.

3 / 6

4.The Writ Petition stands disposed of with the above directions. No costs.

07.01.2025 1/2 Index : Yes/No NCS : Yes/No KP 4 / 6

To 1.The Secretary Housing & Urban Development Government of Tamil Nadu Fort St.George Chennai 600 009.

2.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi-Irwin Road Egmore, Chennai 600 008.

3.The Director of Town & Country Planning 807, Anna Salai Chennai.

4.The Commissioner Avadi City Municipal Corporation Chennai 600 054.

5 / 6

C.V.KARTHIKEYAN.,J KP 07.01.2025 1/2 6 / 6