Dismissed

D.Lazarus Jacob v. the Commissioner

Madras HC2 Nov 2023WP/31304/2023

Case brief

AI extract

What is this about?

Petitioner sought planning permission for reconstruction of mother's property. Upon filing, it was observed that a Local Tahsildar's opinion was required. Petitioner applied to withdraw the petition reserving rights. The court permitted withdrawal with right to pursue grievances elsewhere.

What did the court decide?

Writ petition dismissed as withdrawn; petitioner permitted to reserve rights to approach the proper forum after obtaining further details from the Local Tahsildar.

D.Lazarus Jacob Vs the Commissioner — Landlord and Tenant | Madras HC (2023)

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W.P. No. 31304 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.11.2023

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CORAM

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THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU

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W.P. No. 31304 of 2023

D.Lazarus Jacob

… Petitioner

-vs-

The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai.

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The Zonal Officer, Zone – I, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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The Executive Engineer, Zone-I, Division No. 3, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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The Assistant Executive Engineer, Zone-I, Division No. 3, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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... Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India,

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1950, praying to issue a Writ of Mandamus, directing the First to Third

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

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W.P. No. 31304 of 2023

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Respondents to grant approval for the application submitted by the Petitioner's

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mother on 17.10.2022 vide application No. PPA/WDCN01/10053/2022 dated 17.10.2022 for demolition and reconstruction in our property bearing Plot No. 16, present Door No. 31, Udayasuriyan 1^st Street, Arignar Anna Nagar, Thiruvottiyur, Chennai – 600019 comprised in Old Survey No. 226 part & 227 part of Sathankadu Village and as per new T.S.L.R., comprised in T.S. No. 109, Block No. 29 of Thiruvottiyur Town & Taluk, Chennai District.

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For Petitioner : Mr. R.Sathish Rajan For Respondents : Mr. E.C.Ramesh

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O R D E R

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Heard Mr. R.Sathish Rajan, Learned Counsel for the Petitioner and Mr. E.C.Ramesh, Learned Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

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In response to the Application No. PPA/WDCN01/ 10053/2022 dated 17.10.2022 made by the mother of the Petitioner, viz., K.Hepsiba, seeking planning permission for demolition and reconstruction of her property at Plot No. 16, present Door No. 31, Udayasuriyan 1^st Street, Arignar Anna Nagar,

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W.P. No. 31304 of 2023

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Thiruvottiyur, Chennai, the Fourth Respondent by Letter dated 25.10.2022 had sought for certain clarifications from the Chennai Metropolitan Development Authority and the Local Tahsildar. Though the Chennai Metropolitan Development Authority had sent reply dated 20.12.2022, the said K.Hepsiba subsequently died on 29.12.2022. In that backdrop, the Petitioner has filed this Writ Petition on 01.08.2023 seeking directions to the First to Third Respondents to grant planning permission for the said property, which has devolved upon him by inheritance.

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When it is pointed out that it would not be possible to grant any relief to the Petitioner in the absence of any explanation from him regarding the clarifications sought by the Respondents from the Local Tahisldar, who has also not been made as party to the Writ Petition, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to seek the required details from the Thasildhar and if he has any further grievance thereafter, to pursue appropriate remedies before the proper forum in the manner recognized by law.

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W.P. No. 31304 of 2023

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In the result, the Writ Petition is dismissed as withdrawn with aforesaid

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clarifications. No costs.

02.11.2023

Index: Yes/No

Note: Issue order copy by 28.02.2024.

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The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai.

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The Zonal Officer, Zone – I, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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The Executive Engineer, Zone-I, Division No. 3, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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The Assistant Executive Engineer, Zone-I, Division No. 3, Greater Chennai Corporation, No. 945, Thiruvottiyur High Road, Thiruvottiyur, Chennai – 600019.

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

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W.P. No. 31304 of 2023

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P.D. AUDIKESAVALU, J.

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W.P. No. 31304 of 2023

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02.11.2023

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

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D.Lazarus Jacob v. the Commissioner

Case brief

What is this about?

What did the court decide?

D.Lazarus Jacob v. the Commissioner

Case brief

What is this about?

What did the court decide?

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