Dismissed

M/S.Authomotive Metal Impregnations, v. the Secretary to Government

Madras HC20 Oct 2023WP/29213/2023

Case brief

AI extract

What is this about?

The High Court directed the Greater Chennai Corporation Commissioner to consider the petitioner's application for planning permission within three months and restrained respondents from taking coercive action against the building pending disposal.

What did the court decide?

Direction to 2nd respondent to consider application within 3 months; direction to respondents 2-5 to refrain from coercive action.

M/S.Authomotive Metal Impregnations, Vs the… — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.29213 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.10.2023

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CORAM

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THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA

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W.P.No. 29213 of 2023 and W.M.P.No.28810 of 2023

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M/s.Automotive Metal Impregnations, Represented by its Partner G.P.Varaprasad, Having office at No.370, SIDCO, Industrial Estate, Ambattur, Chennai - 600 098. .....Petitioner

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1.The Secretary to Government Housing and Urban Development Department Secreteriat, Fort St.George, Chennai - 600 009.

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2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

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3.The Assistant Engineer, Corporation of Chennai, Divison No.85, Ambattur, Chennai - 600 053.

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4.The Assistant Executive Engineer, Corporation of Chennai,

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https://www.mhc.tn.gov.in/judis

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Page No: 1/6

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W.P.No.29213 of 2023

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Unit No.19, Ambattur, Chennai - 600 053.

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5.The Executive Engineer, Corporation of Chennai, Zone-7, Ambattur, Chennai - 600 053. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the 5th respondent's impugned order No.Z.O.VII.C.No./3845/2023 dated 15.09.2023 and quash the same and consequently direct the 2nd respondent to pass orders on the petitioner's application vide No.PPa/WDCN07/08569/2023, dated 02.10.2023 seeking for planning permission for the petitioner's building situated at comprising Survey Nos.174 part and 218 part of Ambattur Village, Ambattur Taluk, Tiruvallur District and further direct the respondents 2 to 5 to refrain from taking any coercive action against the petitioner's building till the pending disposal of the application seeking for planning permission.

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For Petitioner : Mr.K.Manikandan For Respondents : Mr.Stalin Abimanyu for R1 Additional Government Pleader Mr.E.C.Ramesh for R2 to R5 Standing Counsel

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Page No: 2/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.29213 of 2023

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ORDER

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This writ petition has been filed to call for the records of the 5th respondent's impugned order No.Z.O.VII.C.No./3845/2023 dated 15.09.2023 and quash the same and consequently direct the 2nd respondent to pass orders on the petitioner's application vide No.PPa/WDCN07/08569/2023, dated 02.10.2023 seeking for planning permission for the petitioner's building situated at Survey Nos.174 part and 218 part of Ambattur Village, Ambattur Taluk, Tiruvallur District and further direct the respondents 2 to 5 to refrain from taking any coercive action against the petitioner's building till the pending disposal of the application seeking for planning permission.

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Today, when the matter is taken up for hearing, learned counsel appearing for the petitioner would submit that the petitioner has complied with all the formalities and he had already applied for building plan approval vide application No.PPA/WDCN07/08569/2023, dated 02.10.2023 and the same has to be considered by the Competent Authorities.

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https://www.mhc.tn.gov.in/judis

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Page No: 3/6

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W.P.No.29213 of 2023

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Considering the fact that the petitioner had applied for building plan approval, the 2nd respondent is directed to consider the petitioner's application dated 02.10.2023 and to pass orders on merits and in accordance with law, within a period of three(3) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to take any coercive action as against the petitioner's building.

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Accordingly, the Writ Petition is disposed of. No costs.

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Consequently connected miscellaneous petition is closed.

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(J.N.B,J.) (N.M., J.) 20.10.2023

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Index : Yes / No Internet :Yes/No Neutral Citation : Yes/No Speaking order : Non-speaking Order

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msv

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https://www.mhc.tn.gov.in/judis

Page No: 4/6

W.P.No.29213 of 2023

1.The Secretary to Government Housing and Urban Development Department Secreteriat, Fort St.George, Chennai - 600 009.

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2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Park Town, Chennai - 600 003.

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3.The Assistant Engineer, Corporation of Chennai, Divison No.85, Ambattur, Chennai - 600 053.

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4.The Assistant Executive Engineer, Corporation of Chennai, Unit No.19, Ambattur, Chennai - 600 053.

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5.The Executive Engineer, Corporation of Chennai, Zone-7, Ambattur, Chennai - 600 053.

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https://www.mhc.tn.gov.in/judis

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Page No: 5/6

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W.P.No.29213 of 2023

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J. NISHA BANU, J. and N.MALA,J.

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msv

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W.P.No. 29213 of 2023 and W.M.P.No.28810 of 2023

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20.10.2023

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https://www.mhc.tn.gov.in/judis

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Page No: 6/6

M/S.Authomotive Metal Impregnations, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

M/S.Authomotive Metal Impregnations, v. the Secretary to Government

Case brief

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What did the court decide?

What the court decided

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