Madras High Court
V.N.Devadoss … vs The Secretary on 7 January, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
Writ Petition No.7168 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2025
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
Writ Petition No.7168 of 2020
V.N.Devadoss …. Petitioner
.Vs.
1.The Secretary
Housing & Urban Development
Government of Tamil Nadu
Fort St.George
Chennai 600 009.
2.The Member Secretary
Chennai Metropolitan Development Authority
(CMDA) Thalamuthu Natarajan Building
No.1, Gandhi-Irwin Road
Egmore, Chennai 600 008.
3.The Director of Town & Country Planning
807, Anna Salai
Chennai.
4.The Commissioner
Avadi City Municipal Corporation
Chennai 600 054. ... Respondents
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Writ Petition No.7168 of 2020
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Declaration to declare the reservation made in respect of
the petitioner's lands comprised in Survey No.62/1 (Part) and 65/2 (Part)
Paleripattu Village, Poonamallee Taluk, now Avadi Taluk Thiruvallur District
within the Limits of Avadi Municipality (Now Avadi City Municipal
Corporation) in the II Master Plan published in the Government Gazette on
02.09.2008 vide GO Ms No.190 of the Housing and Urban Development
Department of the Government of Tamil Nadu to have lapsed in the light of
Section 38 of the Town & Country Planning Act, 1971 and consequently to direct
the respondents to grant Planning Permission in respect of lands comprised in
Survey No.62/1 (Part) and 65/2 (Part) Paleripattu Village, Poonamallee Taluk,
now Avadi Taluk Thiruvallur District within the limits of Avadi Municipality
now Avadi City Municipal Corporation as per the petitioner's application dated
20.04.2009.
For Petitioners : Mr.Karthik Rajan
for Mr.Menon
For Respondents : Mr.N.Naveen Kumar
Government Advocate
for R1 & R2
Mrs.P.Veena Suresh
Standing Counsel
for R3
Mr.R.Gopinath
Standing Counsel
for R4
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Writ Petition No.7168 of 2020
ORDER
The Writ Petition has been filed in the nature of a Declaration to declare that the reservation is lapsed in the light of Section 38 of the Town & Country Planning Act, 1971 and consequently to direct the respondents to grant Planning Permission to the petitioner for the lands in Survey No.62/1 (Part) and 65/2 (Part, Paleripattu Village, Poonamallee Taluk , now Avadi Taluk in Thiruvallur District.
2.Let me not enter into discussion on the aspects since in the counter affidavit filed by the 2nd respondent after raising various contentions, in para 13, the respondents have stated as follows:
“13.I further submit that the petitioner can avail Transfer of Development Rights to the extent of 2.5 times the Guideline value of the portion of land surrendered for road and can utilise the TDR Certificate for payment of Premium FSI charges in lieu of cash for the apartment projects developed by his firm.”.
3.The learned counsel for the petitioner stated that the petitioner would explore the possibility of availing such transfer of development right for the petitioner. If the petitioner is of such opinion then a representation may be given to the 2nd respondent who may proceed in the manner known to law. The 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.7168 of 2020 representation must be disposed of within a period of eight weeks from the date of receipt of copy of the representation.
4.The Writ Petition stands disposed of with the above directions. No costs.
07.01.2025 2//2 Index : Yes/No NCS : Yes/No KP 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.7168 of 2020 To
1.The Secretary Housing & Urban Development Government of Tamil Nadu Fort St.George Chennai 600 009.
2.The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1, Gandhi-Irwin Road Egmore, Chennai 600 008.
3.The Director of Town & Country Planning 807, Anna Salai Chennai.
4.The Commissioner Avadi City Municipal Corporation Chennai 600 054.
C.V.KARTHIKEYAN.,J KP 5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.7168 of 2020 Writ Petition No.7168 of 2020 07.01.2025 2/2 6/6 https://www.mhc.tn.gov.in/judis