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Madras High Court

M/S.Ceebros Hotels Pvt Ltd vs Union Of India on 18 October, 2024

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                              W.P.No.2886 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 18.10.2024

                                                          CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                W.P.No.2886 of 2021
                                                       and
                                               W.M.P.No.3231 of 2021

                     M/s.Ceebros Hotels Pvt Ltd
                     Rep by its Managing Director,
                     C.Subba Reddy,
                     'Sukriti', 19-A, III Cross Street,
                     R.A.Puram, Chennai - 600 028.                     ....     Petitioner

                                                            Vs

                     1. Union of India
                     Represented by Secretary,
                     Ministry of Defence,
                     New Delhi.

                     2.The Director General,
                     Defence Estates, Cantonment Section,
                     Raksha Samapada Bhavan,
                     Ulan Bhat Marg, New Delhi-10.

                     3.General Officer in Commanding - in -chief,
                     Southern Command,
                     Pune, Maharashtra.

                     4.Principal Director
                     Defence Services,
                     Southern Command,
                     Pune, Maharashtra.

https://www.mhc.tn.gov.in/judis
                     Page 1 of 4
                                                                               W.P.No.2886 of 2021

                     5.The Chief Executive officer
                     Cantonment Board,
                     St.Thomas Mount,
                     Pallavaram, Chennai.                               ....     Respondents


                     Prayer : Writ Petition filed under Article 226 of Constitution of India
                     praying for the issuance of a Writ of Mandamus, directing the
                     respondents to consider the petitioner's planning application dated
                     20.11.2020 in the light of revised building Bye-laws forwarded by the 5th
                     respondent and recommended by the 3rd and 4th respondents vide
                     proceedings in No.8121/Bldg Bye Laws/STM/C/DE dated 27.10.2017
                     and grant planning approval as permissible under the revised building
                     bye-laws of St.Thomas Mount Cantonment Board dated 17.12.2016 in
                     CBR No.21.
                                   For Petitioner     : Ms.R.V.Gayathri
                                                        for Mr.P.B.Ramanujam

                                   For R1 to R4       : Mr.R.P.Pragadish

                                   For R5             : Mr.C.Mohan
                                                        for M/s.King & Patridge

                                                       ORDER

This Writ Petition has been filed for a direction, directing the respondents to consider the planning application dated 20.11.2020 in the light of revised building Bye-laws forwarded by the 5th respondent and recommended by the 3rd and 4th respondents vide proceedings in No.8121/Bldg Bye Laws/STM/C/DE dated 27.10.2017. https://www.mhc.tn.gov.in/judis Page 2 of 4 W.P.No.2886 of 2021

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Without expressing any opinion on the merits of the writ petition, the fifth respondent is directed to consider the application dated 20.11.2020 submitted by the petitioner and dispose of the same on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, if not already disposed of. However, the petitioner is at liberty to comply with the conditions required for granting planning permission as per the new Bye-Laws.

4. With the above direction, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

18.10.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp https://www.mhc.tn.gov.in/judis Page 3 of 4 W.P.No.2886 of 2021 G.K.ILANTHIRAIYAN. J, Lpp To

1. The Secretary, Union of India, Ministry of Defence, New Delhi.

2.The Director General, Defence Estates, Cantonment Section, Raksha Samapada Bhavan, Ulan Bhat Marg, New Delhi-10.

3.General Officer in Commanding - in -chief, Southern Command, Pune, Maharashtra.

4.Principal Director Defence Services, Southern Command, Pune, Maharashtra.

5.The Chief Executive Officer, Cantonment Board, St.Thomas Mount, Pallavaram, Chennai.

W.P.No.2886 of 2021

18.10.2024 https://www.mhc.tn.gov.in/judis Page 4 of 4