T UDAYKUMAR Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to entertain, consider and grant approval to the demolition plan and planning permission, planning permit and building permit for construction of Flats in Block Nos.138 to 148 Geethanjali colony, 7th Avenue, Anna Nagar West, Chennai-40 comprised in S.Nos.185 (part), 186 (Part) and 187 (part) in Padi Village, S.Nos.221(Part) in Koyambedu Revenue Village (Koyambedu Revenue Village now comes under Thirumangalam Revenue Village), S.Nos.141 (part), 142(part), 152 (part) and 154 (part) in Villivakkam Village, admeasuring 70618 sq. ft. jointly owned by the petitioners based on the orientation sketch issued by the Tamilnadu Housing Board without insisting patta from revenue authorities.

(2.) MR.P.Tamilmani, learned counsel takes notice on behalf of the first respondent; Mr.V.C.Selvasekaran, learned counsel takes notice on behalf of the second respondent. By consent, the writ petition is taken up for final disposal.

(3.) PETITIONERS' counsel states that the development of the property is for residential use only and petitioners are willing to file an affidavit to that effect. Following the Division Bench Judgment as above, several orders have been passed by this Court, viz., W.P.No.15170 of 2010 dated 20.7.2010, W.P.No.14784 of 2008 dated 6.8.2008 and W.P.No.19942 of 2012 dated 30.07.2012, where the Chennai Metropolitan Development Authorities were directed to accept the application without insisting on no objection certificate. The learned counsel for the petitioner relied on the Office Order No.5/2002 dated 1.3.2002 issued by the Member Secretary, which is self explanatory. It is relevant to extract the same:-