N.Sathyanarayana v. The Vice Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2022
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Sathyanarayana ... Petitioner -vs1. The Vice Chairman Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.
2. The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Commissioner Thiruverkadu Panchayat Union No.1, Sivan Koil Street Tiruverkadu, Thiruvallur District.
4. The Chairman Thiruverkadu Panchayat Union No.1, Sivan Koil Street Tiruverkadu, Thiruvallur District.
5. G.Sriram @ Guddireddigari Sriram
6. Y.Achyuth Reddy
7. G.Indira Reddy @ Guddireddigari Indira Reddy ... Respondents 1/6
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, to direct the Respondents 1 to 4 to consider and dispose Petitioner's representation dated 23.08.2022 addressed raising objections to grant of approval for construction of Special Building or any other development in respect of the property comprised in Survey Nos. 80/1C, 80/1B2, 80/1B1, 81/1B, 80/1A, 80/1E, 80/1F situate at Noombal Village, Poonamallee Taluk, Tiruvallur District, without creation of approach roads for Petitioner's property located in the interior. For Petitioner : Ms. S.P.Arthi For Respondents : Mr. C.Manohar (For R1 & R2) Mr. P.Srinivas (For R3 & R4) Mr. George Cheriyan For M/s. Law Office of George Cheriyan Associates (For R5 to R7)
O R D E R
Heard Ms. S.P.Arthi, Learned Counsel for the Petitioner, Mr. C.Manohar, Learned Counsel for the First and Second Respondents, Mr. P.Srinivas, Learned Counsel for the Third and Fourth Respondents and Mr. George Cheriyan, Learned Counsel for the Fifth to Seventh Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.
It is case of the Petitioner that his property situated at S. No. 82/3 in 2/6
Noombal Village, Poonamallee Taluk, Tiruvallur District has access only through the property of the Fifth to Seventh Respondents situated at S. Nos. 80/1C, 80/1B2, 80/1B1, 81/1B, 80/1A, 80/1E and 80/1F of that Village and if any approval for construction of special building or any other development is granted in favour of the Fifth to Seventh Respondents in respect of their property without creation of approach routes to the property of the Petitioner, he would be prejudicially affected and he has made a representation dated 23.08.2022 to the First to Fourth Respondents in that regard and this Writ Petition has been filed to pass orders thereon.
as public road. In such cases set back from these roads to the buildings proposed shall be provided as prescribed in these rules."
However, Learned Counsel for the First to Fourth Respondents, on instructions, submit that no application for planning permission has been made so far by the Fifth to Seventh Respondents in respect of the aforesaid property and they have made an endorsement to that effect in the court record. 3.
In such circumstances, nothing remains for consideration in the matter at this pre-mature stage, but it would not preclude the Petitioner to work out his remedies for necessary relief, as and when the occasion arises, before the proper forum in the manner recognized by law.
4.
In the result, the Writ Petition is disposed with the aforesaid observations. No costs.
27.10.2022 Maya Index: Yes/No Note: Issue order copy by 15.11.2022.
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1. The Vice Chairman Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.
2. The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.
3. The Commissioner Thiruverkadu Panchayat Union No.1, Sivan Koil Street Tiruverkadu, Thiruvallur District.
4. The Chairman Thiruverkadu Panchayat Union No.1, Sivan Koil Street Tiruverkadu, Thiruvallur District.
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P.D. AUDIKESAVALU, J.
Maya 27.10.2022 6/6