N.R.KANDASAMY Vs. MEMBER SECRETARY

JUDGEMENT

(1.) THE petitioners are praying for a direction to the first respondent to grant all consequential clearances and permissions to make payments like the approval of plot/sub-division, centage charges and infrastructure and basic amenity charges etc. to the petitioners in terms of the second respondent's approval order, dated 14.5.2012 for the land situated in S.No.143/1, Ramanathapuram Village, Coimbatore District, now Coimbatore Corporation New Ward No.38, Block No.16, Town Survey No.15/2 of an extent of 7543.74 Sq. Mtrs.

(2.) THE affidavit filed in support of the Writ Petition is sworn to by the Director of the seventh petitioner-Company, who is the Power Agent of the petitioners 1 to 6 as per the Power of Attorney, dated 8.4.2011, registered as Document No.174 of 2011 on the file of the Sub-Registrar, Peelamedu. According to the seventh petitioner-Company, they are engaged in the business of construction and development of flats and houses for the past nine years in and around Coimbatore, Bangalore and other cities. They have high reputation of adhering to statutory permissions and completing the constructions as per the approved plans. With a view to jointly develop the lands in S.F.No.143/1 Part in Ramanathapuram Village of an extent of 81,170 Sq.Ft. situated within the limits of the Coimbatore Corporation for the purpose of construction of multi-storied residential buildings, the seventh petitioner approached the petitioners 1 to 6, the owners of the said lands, who agreed to the same on mutually agreed terms and executed a Power of Attorney on 8.4.2011, on the basis of which, the seventh petitioner applied to the second respondent for necessary plot and building approvals in terms of the Tamil Nadu Town and Country Planning Act (hereinafter referred to as 'the Act') for the development of the site and for construction of multi-storied flats. The second respondent, by an order dated 14.5.2012, granted approval for development of the plot of an extent of 7543.74 Sq. Metres and for construction of Block A and Block B in the said plot comprising of stilt floor + ground floor + 3 floors, totally comprising 128 dwelling units. The approved building plan was also given the number as No.119/2012.

(3.) THE petitioners further state that the seventh petitioner gave a detailed reply, dated 5.9.2012 to the first respondent, enclosing a sketch of the entire area explaining that the permission was obtained from the second respondent without reference to the alleged cart track and by leaving out the said area and that the suits have been filed to extort money from the seventh petitioner and there is no valid reason to with-hold the clearances and that the seventh petitioner is incurring huge loss due to the delay in issuing the clearances by the first respondent. The first respondent, by letter dated 7.9.2012 replied to the seventh petitioner stating that the case in the District Munsif Court was adjourned and he has written to the second respondent for orders and further action will be taken after the judgment of the Court and the order of the second respondent. Subsequent to the same, the seventh petitioner gave a response, dated 17.10.2012 to the first respondent requesting to grant the consequential permissions pursuant to the second respondent's order dated 14.5.2012. As there is no reply to the same, nor necessary approvals were granted, finding no other effective remedy, the petitioners are before this Court for the above relief.