M/S.Kgeyes Residency Private Limited, v. The Chennai Metropolitan Development

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.24837 of 2019 and WMP Nos.24462 & 24464 of 2019 M/s.KGEYES Residency Private Limited Represented by its General Power of Attorney Suresh Vaidhyanathan No.5, 1st Street, Subbarao Avenue Nungambakkam Chennai 600 006.

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Petitioner -Vs1.The Chennai Metropolitan Development Authority Rep. By its Secretary Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2.The Tamil Nadu Housing Board Rep.by its Managing Director Nandanam Chennai 600 035.

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3.The Special Tahsildar (Land Acquisition) Sections 1, 2, 4 Tamil Nadu Housing Board Projects Tamil Nadu Housing Board Nandanam, Chennai-35.

.. Respondents (R3 impleaded as per Order dt.20.9.2019 in WMP.27507/2019 in WP.24837/2019 by GJJ) Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the 1st respondent comprised in communication dated 4.1.2019 in letter no. BC.1/21476/2018 and quash the condition No.1 insofar as it relates to 'No Objection Certificate' from the Tamilnadu Housing Board and consequently direct the 1st respondent to process the planning permission application of the petitioner in S.B.C. No. 000564/2018 for construction of stilt plus four floors of residential building with 48 dwelling units at Door No. 101 Lamech Street Valasaravakkam, Chennai, Comprised in Old Survey No.151/1G (part), New Survey No. 151/18, Valasaravakkam Village, without insisting upon No Objection Certificate from the 2nd respondent in a time bound manner. For Petitioner :

Mr.S.Ramesh For Respondents :

Mr.Thamaraiselvan Standing Counsel for R1 Mr.D.Veerasekaran Standing Counsel for R2 & R3 2 / 6

ORDER

Writ petition has been filed in the nature of a certiorarified mandamus seeking records of the 1st respondent, the Chennai Metropolitan Development Authority in communication dated 04.01.2019 in letter No.BC.1/21476/2018 and quash the same so far as it relates to 'No Objection Certificate' from the Tamil Nadu Housing Board and direct the 1st respondent to process the planning permission application of the petitioner in S.B.C.No.000564/2018 for construction of stilt plus four floors of residential building with 48 dwelling units at Door No. 101 Lamech Street, Valasaravakkam, Chennai, Comprised in Old Survey No.151/1G (part), New Survey No. 151/18, Valasaravakkam Village, without insisting 'No Objection Certificate'. 2.There is a representation made that the counsel would like to with draw the writ petition.

It is obvious that the relief sought has become infructuous of being addressed by this Court. A counter affidavit had been filed by the 1st respondent, CMDA that the petitioner had applied for planning permission for construction of stilt plus four floors of residential building in afore mentioned lands.

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(4) I state that the proposal was examined, and observed that the site under reference i.e.S.No.151/1G(part) of Valasaravakkam Village is covered under TNHC Land Acquisition 4(1) Notification list. Hence the petitioner was requested to furnish NOC fro TNHB along with some additional particulars in this office letter dated 04.012019. Applicant did not furnish NOC from TNHB and hence the PPA was returned unapproved in this of ice letter dated 10.05.2019."

3.Since the planning permission had been return unapproved by letter dated 10.05.2019, nothing further survives for adjudication. Writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

13.11.2024 Index : Yes/No NCS : Yes/No KP 4 / 6

To 1.The Chennai Metropolitan Development Authority Rep. By its Secretary Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2.The Tamil Nadu Housing Board Rep.by its Managing Director Nandanam Chennai 600 035.

3.The Special Tahsildar (Land Acquisition) Sections 1, 2, 4 Tamil Nadu Housing Board Projects Tamil Nadu Housing Board Nandanam, Chennai-35.

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C.V.KARTHIKEYAN.,J KP Writ Petition No.24837 of 2019 13.11.2024 6 / 6