IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.03.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.5455 of 2017 and W.M.P.Nos.5784 & 5785 of 2017 M/s.Navata Road Transport A Partnership firm Rep. by its Manager(Operations) No.5/427A Thiruvallore High Road Alamathi, Redhills, Chennai- 600 052. .. Petitioner Vs
1. The Government of Tamilnadu rep.by Secretary to the Government Housing and Urban Development Department Fort St. George Chennai- 600 009.
2. The Member Secretary Chennai Metropolitan Development Authority Thalamuth Natarajaran Maligai No.1 Gandhi Irwin Road Egmore Chennai- 600 008. .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent herein relating to the letter No.EC/EN- II/18526/2015 dated 02.08.2016 and quash the same and direct the 2nd respondent herein to grant building Plan approval for the warehouse building that has been put up by the petitioner at Door No.5/427A(Wrongly mentioned as Door No.427/A in the said Proceeding) at Thiruvallore High Road, Alamadhi, Redhills, Chennai.
For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for M/s.AL.Gandhimathi For Respondents : Mr.M.K.Subramanian Government Pleader for 1st respondent Mr.K.Rajasrinivas for 2nd respondent ORDER (Order of the Court was made by the Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the first respondent. Mr.K.Rajasrinivas, learned counsel takes notice for the second respondent.
2. Heard the learned counsel for the parties.
3. The petitioner has filed this writ petition seeking issuance of a writ of Certiorarified Mandamus calling for the records of the 2nd respondent herein relating to the letter No.EC/EN-II/18526/2015 dated 02.08.2016, to quash the same and direct the 2nd respondent herein to grant building Plan approval for the warehouse building that has been put up by the petitioner at Door No.5/427A (Wrongly mentioned as Door No.427/A in the said Proceeding) at Thiruvallore High Road, Alamadhi, Redhills, Chennai.
4. At the outset, the learned counsel for the second respondent/CMDA stated that the application of the petitioner for regularization was refused as the site under reference falls within the Red Hills Catchment Area which is banned for development as per the Second Master Plan of the CMDA.
5. However, the learned Senior Counsel for the petitioner submits that no notice has been issued before rejecting the application filed by the petitioner seeking regularization and therefore, there is violation of the principles of natural justice. It is further submitted that till date the order rejecting the regularization application has not been communicated to the petitioner. It is his plea that on the sole ground of violation of principles of natural justice, the present de-occupation notice, which was passed as a consequence of rejection of regularization application, is also liable to be set aside.
6. On hearing the learned counsel for the parties, we are of the firm view that inasmuch as there is violation of principles of natural justice while rejecting the regularization application of the petitioner, the said rejection is bad in law and, therefore, the same is set aside. Consequently, the de-occupation notice dated 2.8.2016 is also set aside. However, we direct the respondent authorities to re-consider the regularization application submitted by the petitioner after affording an opportunity of hearing to him and thereafter pass appropriate orders in accordance with law. All the contentions raised in this writ petition can be urged before the respondent authorities. The said exercise shall be concluded within three months from the date of receipt of a copy of this order. Till such order is passed by the respondents, no coercive action shall be taken against the petitioner.
The writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
Index : No Internet : Yes sasi (H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 To:
1 The Secretary to the Government Housing and Urban Development Department Fort St. George Chennai- 600 009.
2 The Member Secretary Chennai Metropolitan Development Authority Thalamuth Natarajaran Maligai No.1 Gandhi Irwin Road Egmore Chennai- 600 008.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.No.5455 of 2017 03.03.2017 http://www.judis.nic.in