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Madras High CourtWP/25938/2025disposed of

D.Amudha v. The District Collector

2025-07-16Honourable Mrs.Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025 CORAM :

THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .25938 of 2025 D.Amudha ... Petitioner Vs.

1.The District Collector, Office of Collector, Thiruvallur - 602001.

2.District Rural Development Agency Collectorate Office Complex, Tiruvallur - 602001.

3.Tahsildar of Ponneri Office of Ponneri Taluk No.23, Taluk Office Raod, Ponneri, Chennai-601204 4.Panchayat Divisional Officer Office of Puzhal Panchayat Puzhal Union Puzhal, Chennai - 600 066.

5.Village Administration Officer Office of VAO Page No.1 of 7

Grand Lyon Panchayat Office Grand Lyon, Sengundram, Chennai - 600 052. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st respondent herein to issue the sanctioned planning permit sketch from PDO and Building Permission Sketch approved by CMDA based upon petitioner's representation dated 02.06.2025 within a time frame limit as fixed by this Court. For Petitioner : Mr.A.M.Sheik Mohammed Rafiq For Respondents : Mrs.P.Vijaya Devi for R1 and R2 Government Advocate

O R D E R

This petition is filed for a direction to the 1st respondent to issue to the petitioner, the sanctioned planning permit sketch from PDO and Building Permission Sketch approved by CMDA, on the basis of the petitioner's representation dated 02.06.2025, within a time frame fixed by this Court.

2. The Petitioner is a senior citizen and a beneficiary of a registered settlement deed dated 13.11.2013, (Doc. No.12935 of 2013, SRO Redhills) executed by her husband in her favour, in respect of the lands in Survey Page No.2 of 7

No.49/2 (part), now reclassified as Survey No.49/2B measuring 77.55 cents and covered by patta in Patta No.3626. While so, the petitioner intended to start a green industry in the name "Globe SRA Agri Cold Storage Private Limited" and for the purpose submitted a planning permission application on 02.07.2024, to the Panchayat Union Office, by paying the requisite fee. The said application was forwarded to CMDA. Meanwhile, the Petitioner obtained No Objection Certificates from the Tamil Nadu Fire & Rescue Services and the Public Health and Preventive Medicine Department, Thiruvallur, on 22.10.2024, and on 30.11.2024 respectively. Although the CMDA inspected and approved the site, the Panchayat Special Officer, failed to issue the payment challan even after site inspection on 18.03.2025.

When the Petitioner tried to submit a written request on 26.03.2025, it was refused, and she was directed to approach the Commissioner of the Panchayat Union, Puzhal. The petitioner submitted a representation to the 1st respondent on 02.06.2025, but no action was taken. Hence, the petitioner filed the present writ petition seeking direction to the 1 st respondent.

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3. Learned counsel for the petitioner submitted that it would suffice if, this Court directs the 4th respondent to issue the payment challan and the sanctioned approved plan of the CMDA, to the petitioner within the time fixed by this Court.

4. Learned Government Advocate appearing for the respondents, on instructions submitted that due to non payment of the building fee of Rs.8,38,500/-, the planning permission was kept pending. The learned Government Advocate therefore prayed that the petitioner be directed to make the payment.

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

6. Upon consideration of the submissions of the learned counsels and under the facts and circumstances of the case, I am inclined to dispose of the Page No.4 of 7

writ petition with the following directions :- (i)The 4 th respondent is directed to raise a demand for payment of building fees of Rs.8,38,500/- within a period of two weeks from the date of receipt of a copy of this order. (ii)The petitioner shall remit the said amount within two weeks thereafter.

(iii)On receipt of the amount the 4 th respondent, shall process the petitioner's application and thereafter pass orders on merits and in accordance with law, within a period of four weeks.

7. With the aforesaid directions, this writ petition is disposed of. No costs.

16.07.2025 msv Index :

Yes/No Speaking Order :

Yes/No :

Yes/No Page No.5 of 7

To 1.The District Collector, Office of Collector, Thiruvallur - 602001.

2.District Rural Development Agency Collectorate Office Complex, Tiruvallur - 602001.

3.Tahsildar of Ponneri Office of Ponneri Taluk No.23, Taluk Office Raod, Ponneri, Chennai-601204 4.Panchayat Divisional Officer Office of Puzhal Panchayat Puzhal Union Puzhal, Chennai - 600 066.

5.Village Administration Officer Office of VAO Grand Lyon Panchayat Office Grand Lyon, Sengundram, Chennai - 600 052.

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N.MALA,J.

msv 16.07.2025 Page No.7 of 7