Madras High Court
M/S. Keyaram Developers And Hotels Pvt. ... vs Chennai Metropolitan Development ... on 19 March, 2024
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
W.P. No. 4609 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
W.P. No. 4609 of 2024
and
W.M.P. Nos. 5047 and 5048 of 2024
M/s. Keyaram Developers and Hotels Pvt. Ltd.,
Rep. by its Director,
Sandrasegaran Karuppaiah,
No.2, Harrington Road,
Chetpet, Chennai 600 031. … Petitioner
-vs-
1. Chennai Metropolitan Development Authority,
Thalamuthu Natarajan Building,
No.1, Gandhi Irwin Road,
Egmore, Chennai 600 008.
2. The Chief Engineer,
Water Resources Department,
Chennai Region (PWD),
Chepauk, Chennai 600 005. ... Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India,
1950, praying to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the Second Respondent in Letter No.DB/T5(3)/F-000921
Surapattu Village 04478/2022 dated 12.06.2023 and his consequential letter
dated 07.08.2023 in Letter No.R2/9091/2021-2 of the First Respondent and
quash the terms and conditions No. 5, 11, 13, 14 of the impugned letter and
direct the First Respondent to reclassify the Petitioner land without insisting
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W.P. No. 4609 of 2024
those untenable conditions and to issue a Writ of Mandamus, directing the First
Respondent not to insist the conditions imposed in the Second Respondent
impugned Letter No.DB/T5(3)/F-000921SURAPATTU VILLAGE 04478/2022
dated 12.06.2023 and consequential letter dated 07.08.2023 of the First
Respondent.
For Petitioner : Mr.V.Ayyathurai (Senior Counsel)
For Respondents : Mr.C.Manoharan, (for R1)
(Standing Counsel for CMDA)
Mr.P.Ganesan, (for R2)
Additional Government Pleader
ORDER
Heard Mr. V.Ayyathurai, Learned Senior Counsel appearing for the Petitioner, Mr. C.Manoharan, Learned Standing Counsel appearing for the First Respondent, and Mr. P.Ganesan, Learned Additional Government Pleader appearing for the Second Respondent, and perused the materials placed on record, apart from the pleadings of the parties.
2. Though the Petitioner had been granted planning permission for the property owned by it, certain conditions have been imposed in clauses 3 and 5 in Proceedings No. DB/T5(3)/F-000921Surapattu Village 04478/2022/dated 12.06.2023 issued by the Second Respondent, which are extracted below:-
https://www.mhc.tn.gov.in/judis 2/7 W.P. No. 4609 of 2024 "3. Since the site exists in close proximity with the with the channel in S.No.53/4C & 11C on Northern side, the necessary set back distance along the channel should be provided within the site as per norms in existence and as per the rules in force of CMDA (as per the circular issued by the office of the Commissioner of Town & Country Planning, Chennai – 2 vide Roc.No.4367/2019-BA2/1303.2019) during development and there should not be any construction activities. The CMDA should issue completion certificate only after obtaining compliance certificate NOC from WRD.
5. The permission granted to the applicant, should not be altered /modified changed to any others. Based on the records submitted by the applicants, the permission is granted. If any documents seem to be fake/ manipulated / fabricated, in future the above permission will be cancelled without any correspondence. Hence, the applicants are solely responsible of genuinely of the documents submitted.” The said conditions are assailed in this Writ Petition.
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3. In furtherance to the order passed by this Court on 29.02.2024, Learned Senior Counsel appearing for the Petitioner submits that the Petitioner has made a representation dated 08.03.2024 to the Second Respondent to delete the said conditions imposed for grant of planning permission.
4. Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:-
(i) the Second Respondent shall immediately examine the representation dated 08.03.2024 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;
(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 3 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
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(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;
(v) depending upon its outcome, the Petitioner may determine the further course of action to be taken in accordance with law; and
(vi) the report of such compliance shall be filed by 30.06.2024 before the Registrar (Judicial) of the Court. In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs.
19.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 18.04.2024. gsa To
1. Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.
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2. The Chief Engineer, Water Resources Department, Chennai Region (PWD), Chepauk, Chennai 600 005.
Copy to
1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.
2. M/s. Keyaram Developers and Hotels Pvt. Ltd., Rep. by its Director, Sandrasegaran Karuppaiah, No.2, Harrington Road, Chetpet, Chennai - 600 031.
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