← Library
Madras High CourtWP/456/2023disposed of

M/S.Eden Garden Residential Owners v. The Principal Secretary To Government

2023-01-09Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.Eden Garden Residential Owners Association - Mappedu, No.10, Alapakkam Main Road, Mappedu, Chennai - 600 126 Represented by its President Mr.D.Ravikumar ... Petitioner Vs

1. The Principal Secretary to Government.

Housing and Urban Development Department, Tamilnadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Chennai Metropolitan Development Authortiy [CMDA], Thalamuthu Natarajan House, 01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai - 600 008.

Represented by its Member Secretary

3. M/s.City Homes, Represented by its Partner Mr.S.C.P.Dhanapal & Mr.Winston Jayakar No.17-B/1, Mahalinga Chetty Street, Mahalingapurai, Nungambakkam, Chennai - 600 034.

... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to take 1/4

action on their representation letter dated 16.05.2022. For Petitioner : Mr.S.Sathiyanarayanan For Respondents : Mr.V.Nanmaran, Additional Government Pleader - R1 Mr.C.Manoharan - R2

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to consider the representation of the petitioner dated 16.05.2022.

2. It is the case of the Writ petitioner that as the original planning permission given for construction of 148 flats has been expired and construction of the flats is incomplete, the petitioner Association has given a representation to the first and second respondents on 16.05.2022 to extend the planning permission for completing construction of the flats. The same has not been considered by the first and second respondents. Hence, the present Writ Petition has been filed for the aforesaid direction. 2/4

3. Heard Mr.S.Sathiyanarayanan, learned counsel for the pet, Mr.V.Nanmaran, Additional Government Pleader for the first respondent and Mr.C.Manoharan for the second respondent.

4. Considering the limited prayer in the Writ Petition, the first and second respondents are directed to consider the representation of the petitioner dated 16.05.2022 within a period of two months from the date of receipt of a copy of this Order and pass Orders in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs.

09.01.2023 vrc To

1. The Principal Secretary to Government.

Housing and Urban Development Department, Tamilnadu, Secretariat, Fort St. George, Chennai - 600 009.

2. The Chennai Metropolitan Development Authortiy [CMDA], Thalamuthu Natarajan House, 01, Gandhi Irwin Road, Ansari Estate, Egmore, Chennai - 600 008.

3/4

N.SATHISH KUMAR, J.

vrc 09.01.2023 4/4