The High Court dismissed a writ petition filed by an association seeking to restrain municipalities and authorities from granting planning permission for construction in a specific layout area. The Court held that since a similar plea is adjudicated in a pending writ petition, the current petition lacks a fresh cause of action.
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 : 08.10.2021
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and
The Honourable Mr.Justice SATHI KUMAR SUKUMARA KURUP
Writ Petition No.21484 of 2021 and WMP Nos.22717 and 22719 of 2021
Sundaram Colony Association, Represented by its Secretary, D.S.Madhavan
...Petitioner
Vs
PETITION under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus forbearing 1st , 2nd and 3rd respondents from granting any planning permission to construct any building or buildings in the OSR area earmarked and approved in Layout No.178 of 1961 in P.T.No.16981 of 1961 dated 28.12.1961 read with TPC 56, dated 25.4.1969 dated at Survey Nos.96 to 108 in Selaiyur Village and thereby restraining the fifth respondent or any other purchasers from constructing the building in the said OSR area.
Order of the Court was made by T.S.SIVAGNANAM,J
We have heard Mr.T.Ramesh, learned counsel for the petitioner and Mr.P.Srinivas, learned Standing Counsel accepting notice for the first respondent. In view of the nature of order this Court proposes to pass, notice to respondents 2 and 3 are dispensed with and the writ petition itself is taken up for final disposal.
a stand that the the lands were no longer public spaces reserved for public use and are all private lands. It has been further pointed out that the stand taken by the Tambaram Municipality has been accepted by the Hon'ble Division Bench of this Court while allowing W.A.Nos.407 and 723 of 1996 by judgment dated 13.9.2001 and therefore, the lands have been acknowledged to be private lands and they were no longer having the character of public sites in a layout. Apart from that, we find that the Tambaram Municipality filed an elaborate counter consisting about 31 paragraphs.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
To
1.The Commissioner, Tambaram Municipality, Chennai.
2.The Chennai Metropolitan Development Authority, Chennai.
3.The Director,
Town and Country Planning, Anna Salai, Chennai-2.
+1 cc to Mr.P.Srinivas, Advocate Sr.NO. 53014 +1 cc to Government Pleader Sr.NO. 53149
WP.No.21484 of 2021 & WMP Nos.22717 and 22719 of 2021
RLD(CO)
A.SK(12.11.2021)
1 issue framed by the court
Whether the writ petition filed as public interest litigation by the petitioner association merits consideration given the existence of a pending writ petition raising the same plea.
Sundaram Colony Association represented by its Secretary D.S.Madhavan
The Tambaram Municipality represented by its Commissioner Chennai
The Chennai Metropolitan Development Authority
The Director Town and Country Planning
V.Krishnamoorthy
Sri.Nandakumar
T.S.SIVAGNANAM
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
