SUDARSAN TRADING COMPANY LIMITED Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition has been filed for the issuance of writ of certiorarified mandamus, to call for the records of the first respondent in G.O.(D).No.487 Housing and Urban Development (Na.Va.5) Department dated 26.07.2000 and to quash the order therein dated 26.07.2000 confirming the rejection of the Planning Permission by the second respondent dated 30.05.1995 in C3/25716/94 and direct the respondents to grant Planning permit to put up additional construction over the existing building in SN.1431/1 as per the Plan submitted by the petitioner.

(2.) THE petitioner company acquired 10 grounds and 1560 square feet of land jointly with one K.M.Haridass from Raja of Venkatagiri on 04.06.1965. After partition, three grounds with undivided right over one ground was given to the petitioner by a deed of partition dated 10.11.1965. THE petitioner company put up a seven storeyed building after obtaining the sanction plan from the Corporation of Chennai in the year 1965 long prior to the formation of Madras Metropolitan Development Authority. THE Corporation has assessed the property tax and the petitioner has been paying the tax in respect of the said building.

(3.) IT is further stated in the affidavit though the additional floor sought for over the existing building is within law and within the permissible limits, the authorities were keeping the matter pending from 03.06.1996 onwards in spite of several reminders. Therefore, the petitioner filed W.P.No.16488 of 1997, seeking for a writ of mandamus to dispose of the appeal and this Court directed the first respondent to dispose of the appeal within two months after hearing the petitioner and respondent by order dated 03.11.1997.