Madras High Court
Metrozone Apartment Owners ... vs The Member Secretary on 14 June, 2021
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.12007 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2021
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.1012 of 2021
Metrozone Apartment Owners Association,
Represented by its President,
No.44, Pillaiyarkoil Street,
Off Jawaharlal Nehru Salai,
Anna Nagar, Chennai-600 040. .. Petitioner
vs.
1.The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu-Natarajan Maaligai,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 018.
2.M/s.Ozone Projects Private Limited,
No.63, G.N.Chetty Street,
T.Nagar, Chennai-600 017. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the 1st respondent to
act upon the representation of the petitioner dated 25.11.2020 and investigate
the affairs of the 2nd respondent for taking appropriate action in a time bound
manner and dispose of the same in terms of the rules framed by the Town and
Country Planning Act, 1971.
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W.P.No.12007 of 2021
For Petitioner : Mr.T.Balaji,
For Respondents : Mr.Karthik Rajan,
Standing Counsel for R1
Mr.Balasubramanian for R2
ORDER
The petitioner Association has made a complaint against the second respondent for violating the approved plan. Originally, the plan approval was given by the first respondent, vide order dated 13.04.2009 and again, the revised plan approval was submitted and the same was approved in the year 2013 and the third approval was granted in the year 2018. According to the petitioner Association, the second respondent has constructed only 25 towers and whereas, as per the planning permission, approval was given to construct 30 towers and in view of the same, the petitioner has made an objection dated 25.11.2020 to the first respondent for violation of the planning permission. However, the first respondent has not considered the objection and therefore, the petitioner Association has approached this Court by filing this writ petition.
2. Mr.Balasubramanian, learned counsel appearing for the second respondent has submitted that the second respondent had constructed the http://www.judis.nic.in 2 W.P.No.12007 of 2021 building as per the planning permission granted by the authorities and there is no violation or deviation in the construction as alleged by the petitioner and the dispute regarding violation of the planning permission can be decided by the authorities by considering the petitioner's representation dated 25.11.2020.
3. The learned counsel appearing for the petitioner assured before this Court that if any additional document is filed, the same shall be furnished to the second respondent within a period of two weeks from the date of receipt of a copy of this order.
4. In view of the aforesaid facts as well as the submission made by the respective learned counsel appearing for the parties that the objection made by the petitioner dated 25.11.2020 to the first respondent is still pending and no orders have been passed, this Court is of the view that it would be appropriate to direct the first respondent to consider the objection of the petitioner Association dated 25.11.2020.
5. Accordingly, this Court directs the 1st respondent to consider the http://www.judis.nic.in 3 W.P.No.12007 of 2021 objection submitted by the petitioner Association dated 25.11.2020 and pass orders on merits and in accordance with law after affording an opportunity to the petitioner Association as well as the second respondent and the petitioner shall also furnish additional documents, if any, within a period of two weeks from the date of receipt of a copy of the order. The first respondent shall consider and pass orders on the petitioner's objection dated 25.11.2021 as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that if any additional documents are not filed, the authorities shall proceed and dispose of the said application dated 25.11.2020.
6. This Writ Petition stands disposed of accordingly. No costs.
14.06.2021
Index : Yes / No
Internet : Yes / No
jvm
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W.P.No.12007 of 2021
To
1.The Member Secretary,
Chennai Metropolitan Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 018.
2.M/s.Ozone Projects Private Limited, No.63, G.N.Chetty Street, T.Nagar, Chennai-600 017.
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