(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.
(H.G.R., ACJ.) (R.M.D., J.) 03.03.2017 Index : No Internet : Yes sasi To: