Madras High Court
Ramaniyam Real Estates (P) Limited vs The Secretary To Government on 21 September, 2022
Author: T.Raja
Bench: T.Raja, P.D.Audikesavalu
W.P.No.25379 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.25379/2022 and WMP.No.24362/2022
Ramaniyam Real Estates (P) Limited
Regd. Office No.11, II Main Road,
Gandhi Nagar, Adyar, Chennai-600 020
rep. by its Managing Director
Mr.V.Jaggannathan,
Formerly it was known as
M/s.Amirta Lakshmi Realtors (P) Limited ... Petitioner
-vs-
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George,
Chennai-600 009.
2. The Member Secretary,
Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, directing the respondents
to receive and process the revised planning permission application filed
by the petitioner company under SBC
No.CMDA/PP/NHRB/S/0380/2020, dated 14.07.2020 which was
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W.P.No.25379 of 2022
returned by the 2nd respondent on 11.01.2021, without insisting on
production of General Power of Attorney again from all the allottees
and NOC.
For Petitioner : Mr.S.Sundaresan
For Respondents : Mrs.M.Geetha Thamarai Selvan
for R1
Mr.C.N.Vinobha for R2
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to receive and process the revised planning permission application filed by the petitioner company under SBC No.CMDA/PP/NHRB/S/0380/2020, dated 14.07.2020 which was returned by the 2nd respondent on 11.01.2021, without insisting on production of General Power of Attorney again from all the allottees and also the 'No Objection Certificate'.
2. Learned Counsel appearing for the petitioner would submit that when the Extra Ordinary General Meeting of Samarpann Residential Apartment Welfare Association was held on 07.03.2021 to get CMDA approval for their project, it was decided by way of special resolution to represent to the authority by providing necessary support required to the builder M/s.Ramaniyam Real Estate Private Limited, 2/6 https://www.mhc.tn.gov.in/judis W.P.No.25379 of 2022 formerly M/s.Amirtha Lakshmi Realtors Private Limited or its authorized representative to submit revised building plan approval, pay the necessary infrastructure and amenities fees and obtain building plan approval for Samarpann Project. The petitioner builder also has undertaken to pay the necessary charges payable to the CMDA. Therefore, their request is to process the application of revised planning permission and Completion Certificate along with the outstanding infrastructure and amenities charges from the builder. In this regard, when a representation has been made on 15.03.2021 by registered post with acknowledgment due to the Member-Secretary, Chennai Metropolitan Development Authority, the same was returned on 11.01.2021 to pay the balance infrastructure and amenities charges of Rs.44,00,700/- along with applicable interest and to submit a fresh planning permission application through online along with the I&A balance paid receipt of Rs.44,00,700/-.
3. Learned Counsel for the petitioner would further submit that earlier, an application has been submitted along with General Power of Attorney. Now, since some of the signatories to the General Power of Attorney went abroad, the petitioner will be facing difficulty in obtaining their signatures that would also delay the project. However, since the petitioner is also prepared to pay the balance infrastructure 3/6 https://www.mhc.tn.gov.in/judis W.P.No.25379 of 2022 and amenities charges of Rs.44,00,700/- along with applicable interest and to submit a fresh planning permission application through online along with the I&A balance paid receipt of Rs.44,00,700/-, as per the General Power of Attorney enclosed by the petitioner, the same may be considered, he pleaded.
4. Mrs.M.Geetha Thamarai Selvan, learned Special Government Pleader takes notice for 1st respondent and Mr.C.N.Vinobha, learned Counsel takes notice for 2nd respondent CMDA.
5. Learned Counsel for the 2nd respondent would submit that if the petitioner is ready to pay the balance infrastructure and amenities charges along with applicable interest and also submit a fresh planning permission application through online along with I&A balance paid receipt, their application would be considered in accordance with law.
6. Recording the said submission of the learned Counsel for the 2nd respondent, we hereby direct the petitioner to apply through online seeking planning permission for the project-in-question along with I&A balance paid receipt for Rs.44,00,700/- along with applicable 4/6 https://www.mhc.tn.gov.in/judis W.P.No.25379 of 2022 interest thereon, within a period of one week from the date of receipt of a copy of this Order to the CMDA, who in turn, on receipt of the same, shall process the same on merits and in accordance with law, within a period of four weeks thereafter.
7. With the above observation and direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.
(T.R.J.,) (P.D.A.J.,)
21.09.2022
tsi
To
1. The Secretary to Government,
Housing and Urban Development Department, Fort St. George, Chennai-600 009.
2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
5/6 https://www.mhc.tn.gov.in/judis W.P.No.25379 of 2022 T.RAJA,J.
AND P.D.AUDIKESAVALU, J.
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