M/S.Authomotive Metal Impregnations, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA W.P.No. 29213 of 2023 and W.M.P.No.28810 of 2023 M/s.Automotive Metal Impregnations, Represented by its Partner G.P.Varaprasad, Having office at No.370, SIDCO, Industrial Estate, Ambattur, Chennai - 600 098. .....Petitioner vs 1.The Secretary to Government Housing and Urban Development Department Secreteriat, Fort St.George, Chennai - 600 009.
2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.
3.The Assistant Engineer, Divison No.85, Ambattur, 4.The Assistant Executive Engineer, Page No: 1/6
Unit No.19, Ambattur, 5.The Executive Engineer, Zone-7, Ambattur, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 5th respondent's impugned order No.Z.O.VII.C.No./3845/2023 dated 15.09.2023 and quash the same and consequently direct the 2nd respondent to pass orders on the petitioner's application vide No.PPa/WDCN07/08569/2023, dated 02.10.2023 seeking for planning permission for the petitioner's building situated at comprising Survey Nos.174 part and 218 part of Ambattur Village, Ambattur Taluk, Tiruvallur District and further direct the respondents 2 to 5 to refrain from taking any coercive action against the petitioner's building till the pending disposal of the application seeking for planning permission. For Petitioner : Mr.K.Manikandan For Respondents : Mr.Stalin Abimanyu for R1 Additional Government Pleader Mr.E.C.Ramesh for R2 to R5 Standing Counsel Page No: 2/6
ORDER
This writ petition has been filed to call for the records of the 5th respondent's impugned order No.Z.O.VII.C.No./3845/2023 dated 15.09.2023 and quash the same and consequently direct the 2nd respondent to pass orders on the petitioner's application vide No.PPa/WDCN07/08569/2023, dated 02.10.2023 seeking for planning permission for the petitioner's building situated at Survey Nos.174 part and 218 part of Ambattur Village, Ambattur Taluk, Tiruvallur District and further direct the respondents 2 to 5 to refrain from taking any coercive action against the petitioner's building till the pending disposal of the application seeking for planning permission.
2. Today, when the matter is taken up for hearing, learned counsel appearing for the petitioner would submit that the petitioner has complied with all the formalities and he had already applied for building plan approval vide application No.PPA/WDCN07/08569/2023, dated 02.10.2023 and the same has to be considered by the Competent Authorities.
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3. Considering the fact that the petitioner had applied for building plan approval, the 2nd respondent is directed to consider the petitioner's application dated 02.10.2023 and to pass orders on merits and in accordance with law, within a period of three(3) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to take any coercive action as against the petitioner's building.
4. Accordingly, the Writ Petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) 20.10.2023 Index : Yes / No Internet :Yes/No Speaking order : Non-speaking Order msv Page No: 4/6
To 1.The Secretary to Government Housing and Urban Development Department Secreteriat, Fort St.George, Chennai - 600 009.
2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.
3.The Assistant Engineer, Divison No.85, Ambattur, 4.The Assistant Executive Engineer, Unit No.19, Ambattur, 5.The Executive Engineer, Zone-7, Ambattur, Page No: 5/6
J. NISHA BANU, J.
and N.MALA,J.
msv W.P.No. 29213 of 2023 and W.M.P.No.28810 of 2023 20.10.2023 Page No: 6/6