Madras High CourtWP/21303/2022disposed of with direction

Jayanthi Kumar v. The Member Secretary

2026-06-08Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.No.20313 of 2022 Jayanthi Kumar Rep. by her Power Agent, M/s. Ramaniyam Real Estates (P) Ltd., Having Office at, No.17/35, Second main road, Gandhi Nagar, Adyar, Chennai - 600 020.

..Petitioner(s) Vs

1. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Secretary, Ministry of Environment Forest and Climate Change, (IA-III Division), Indira Paryavaran bhawan, Jorbagh Road, New Delhi-110 003.

3. The Member Secretary, Tamil Nadu Coastal Zone Management Authority, Department of environment, Ground Floor, Panagal building, saidapet, Chennai - 600 015.

..Respondent(s) Prayer : Petition filed Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the 2nd Respondent vide his Letter F.No.12-8/2018-IA III dated 05.04.2019 and to quash the same and further directing the 1st Respondent to receive and process the revised planning permission application of the Petitioner in File No.CMDA/PP/NHRB/S/0414/2020 dated 03.08.2020 which was returned on

16.10.2020 and accord sanction for 2 FSI in accordance with the amended regulations of Development Control Regulations and CRZ Notification dated 18.01.2019.

For Petitioner(s):

Mr.S.Sundaresan For Respondent(s):

Mr.Akil Akbar Ali, Standing Counsel for R-1 Mr.V.J.Latha, Senior Central Govt Standing Counsel for R-2 Mr.C.Prabakaran, Government Counsel for R-3

ORDER

The present Writ Petition has been filed seeking to call for the records relating to the 2nd Respondent vide his Letter F.No.12-8/2018-IA III dated 05.04.2019 and to quash the same and further directing the 1st Respondent to receive and process the revised planning permission application of the Petitioner in File No.CMDA/PP/NHRB/S/0414/2020 dated 03.08.2020 which was returned on 16.10.2020 and accord sanction for 2 FSI in accordance with the amended regulations of Development Control Regulations and CRZ Notification dated 18.01.2019.

2. It is the case of the petitioner that the petitioner had applied for special building vide application dated 15.10.2018 prior to the relaxation of norms for CRZ vide notification dated 18.01.2019 pursuant to which, the planning permission was granted on 29.03.2019. Since, the FSI was increased by the

Government of Tamil Nadu vide G.O.Ms.147 dated 26.10.2018 with effect from 01.10.2018 retrospectively, the petitioner could not avail the concessions under the change of norms, the petitioner submitted a revised planning proposal dated 30.04.2018 in terms of the said G.O however, the same was returned vide order dated 03.07.2019 on the ground that it vitiates the norms of Coastal Regulation Zone by relying upon a letter dated 05.04.2019 which is stated to have been addressed to Member secretary wherein, a clarification has been sought for with regard to implementation of the CRZ notification 2019 issued by the Ministry of Environment Forest and Climate Change. Aggrieved by the same, the present Writ Petition has been filed.

3. Though a larger relief has been sought for in this Writ Petition, the learned counsel appearing for the petitioner restricted his prayer and submitted that this Court may permit the petitioner to file a fresh revised planning proposal/application in terms of the provisions of the Tamilnadu Town and Country Planning Act, 1971 before the respondents and that the same may be considered by the respondents.

4. Learned counsel appearing for the respondents submitted that they have no objection to the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. In view of the limited relief sought for by the petitioner, this Court without interfering with the impugned order, permits the petitioner to file a fresh revised planning proposal/application before the respondents within a period of two weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondents are directed to consider and pass appropriate orders on the same in accordance with law within a period of six weeks thereafter.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

08-06-2026 Index: Yes/No Speaking/Non-speaking order NHS

1. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Secretary, Ministry of Environment Forest and Climate Change, (IA-III Division), Indira Paryavaran bhawan, Jorbagh Road, New Delhi-110 003.

3. The Member Secretary, Tamil Nadu Coastal Zone Management Authority, Department of environment, Ground Floor, Panagal building, Saidapet, Chennai - 600 015.

M.DHANDAPANI, J.

NHS and W.M.P.No.20313 of 2022 08-06-2026