Writ petition challenging planning permission rejection closed as petitioner filed an application for building exemption rendering the petition infructuous. Court declined to examine merits.
Petition closed without examining merits as subsequent application for exemption rendered it infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.10547 of 2011
and
M.P.No.2 of 2011
B.Mohan Reddy ... Petitioner
Vs.
Commissioner and Secretary to Government Housing and Urban Development Department Fort St.George, Chennai - 9.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the 1st respondent's vide G.O.(3D)No.11 Housing and Urban Development (UD-V) Department dated 04.03.2011 confirming the orders of the 2nd respondent vide Letter No.B2/25375/2005 dated 20.04.2006, pertaining to the rejection of the petitioner's Planning Permission Application in respect of the building situated at Door No.1/74, New Mahabalipuram Road in S.No.235/9A1, A2 of Kottivakkam Village and to quash the same and consequently to direct the 1st and 2nd respondents to regularize the above building in accordance with law.
For Petitioner : Mr.P.Arivudainambi
The prayer sought for in this Writ Petition is for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the 1st respondent's vide G.O.(3D) No.11, Housing and Urban Development (UD-V) Department, dated 04.03.2011,
confirming the orders of the 2nd respondent vide Letter No.B2/25375/2005 dated 20.04.2006, pertaining to the rejection of the petitioner's Planning Permission Application in respect of the building situated at Door No.1/74, New Mahabalipuram Road in S.No.235/9A1, A2 of Kottivakkam Village and to quash the same and consequently to direct the 1st and 2nd respondents to regularize the above building in accordance with law.
"Applications for regularization may be entertained and processed, but no final decision thereon shall be taken without leave of the Court."
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
+1cc to Mr.P.S.Ganesh, Advocate, SR.No.69265 +1cc to Mr.P.Arivudainambi, Advocate, SR.No.69690 +1cc to the Govt.Pleader, Vide Sr.No.69791
W.P.No.10547 of 2011
and
M.P.No.2 of 2011
Kak(14/10/2019)
1 issue framed by the court
Whether the writ petition challenging rejection of planning permission should be closed due to pending exemption application under Section 113-C.
2 provisions across 2 enactments
B. Mohan Reddy
The State of Tamil Nadu
The Member-Secretary Chennai Metropolitan Development Authority
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
