Snp Infrastructure Llp v. The Chennai Metropolitan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.9842 and 9843 of 2017 and W.M.P.Nos.10829, 10830, 26191 and 26192 of 2017 SNP Infrastructure LLP, A Limited Liability Partnership Incorporated under the Indian Limited Liability Partnership Act, 2008 Having registered office at #680, FNO-203, Regency House, Durga Nagar Colony, Hyderabad-500 082, Represented by its Power of Attorney Agent M/s.Embassy Property Developments Private Limited, represented by its Authorized Signatory, Mr.S.Vasudevan .. Petitioner in both the Writ Petitions Vs.
1. The Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Commissioner, Pallavaram Municipality, 3rd Main Road, Pallavapuram, New Colony, Chromepet, Chennai-600 044.
.. Respondents in both the Writ Petitions Writ Petition No.9842 of 2017 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 11.04.2017 in UAC-15/2016 F1, confirming the order of demolition dated 02.11.2016 in UAC-15/2016 F1, on the file of the Second Respondent, quash the same and forbear the
Respondents from taking any coercive action against the Petitioner pending disposal of the application of the Petitioner, dated 31.03.2016 for plan approval with the First Respondent.
Writ Petition No.9843 of 2017 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 13.04.2017 in Notice No.A 1716 on the file of the First Respondent directing the Petitioner to stop the construction work immediately and report the same within 3 days from the date of receipt of the notice, quash the same and forbear the Respondents from taking any coercive action against the Petitioner pending disposal of the application of the Petitioner, dated 31.03.2016 for plan approval with the First Respondent.
For Petitioner in both W.Ps. : Mr.P.S.Raman, Senior Counsel for M/s.Aparajitha Viswanath For Respondents in both W.Ps.: Mr.Karthick Rajan for R-1 Mr.P.Srinivas for R-2
ORDER
(The Order of the Court was made by M.Venugopal, J) Heard both sides.
2. It is represented on behalf of the Petitioner by the Learned Senior Counsel that the Petitioner is granted Planning Permit, dated 23.06.2018, as per Section 49 of the Tamil Nadu Town and Country Planning Act, 1971, by the First Respondent/CMDA and that the said Permit expires on 22.06.2023. In this connection, Learned Senior Counsel appearing for the Petitioner produced a xerox copy of the said Permit, dated 23.06.2018 issued by the Member Secretary of the First Respondent/CMDA. Based on the said Planning Permit, dated 23.06.2018, which expires on 22.06.2023, the Second Respondent/Pallavaram Municipality has issued Proceedings dated 26.10.2018 granting Building Permission to the Petitioner.
3. Recording the aforesaid facts, this Court closes the present Writ Petitions, as nothing survives for further adjudication. No costs. Consequently, W.M.P.Nos.10829 and 10830 of 2017 are also closed.
4. The impleading petitions in W.M.P.No.26191 of 2017 in W.P.No.9842 of 2017 and W.M.P.No.26192 of 2017 in W.P.No.9843 of 2017, filed by the Petitioner therein, are also closed, granting
liberty to him to work out his remedy before the Competent Forum, of course, in the manner known to Law and in accordance with Law, for redressal of his grievances if any, if he so desires/advised.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar cs To
1. The Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Commissioner, Pallavaram Municipality, 3rd Main Road, Pallavapuram, New Colony, Chromepet, Chennai-600 044.
+1 cc to Mr.P.Srinivas, Advocate Sr.No.83201 +2 cc to Mr.Karthik Rajan, Advocate Sr.No.82381 +2 cc to M/s.Abrajitha Viswanath, Advocate Sr.No.82164 W.P.Nos.9842 and 9843 of 2017 VD(CO) CSL/27.12.2018