K JAYARAMAN Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition is filed to direct the 1st and 2nd respondents to entertain, consider and grant approval to the demolition plan, planning permission, building permit for developing the lands at Block No.59 R.K.Shanmugam Salai S.No.394/1 Part Kodambakkam Village K.K.Nagar Chennai admeasuring about 3 grounds and 403 Sq.Ft for putting up a residential building without insisting upon the N.O.C. from the 3rd respondent herein or any other authority so long as the proposed new construction activities is in accordance with the Development Control Rules.

(2.) PETITIONERS claim to be the owners of property in question, which was originally purchased by them from the Tamil Nadu Housing Board. As Sale deeds have been executed in favour of the petitioners, they are entitled to demolish and reconstruct the building. The present writ petition has been filed for a Mandamus to direct the first and second respondents to consider and grant approval for demolition and planning permission to develop the property. In the typed set of papers, the petitioners have not filed any document to show that such application has been made to the C.M.D.A. However, it is stated in the affidavit that without a no objection certificate from the Tamil Nadu Housing Board, the application will not be entertained.

(3.) IN view of the earlier order of this Court, the petitioners are at liberty to submit their application along with a copy of this order with all relevant documents to show the nature of the right over the property and the authority/ respondents 1 and 2 shall consider the same as and when presented without insisting a no objection certificate from the Tamil Nadu Housing Board if the applications are otherwise in order. If the applications are not accepted for one or other reason, the authority has to state the same and pass a reasoned order in accordance with law within a reasonable period of time. This writ petition is disposed of accordingly. Consequently, M.P.No. 1 of 2011 is closed. No costs.