S. RAJ PANDYAN Vs. THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMIL NADU HOUSING & URBAN DEVELOPMENT AND ORS.

JUDGEMENT

(1.) HEARD Mr. Raja Kalifulla, learned Senior counsel assisted by Mr. M. Muniruddin appearing for the petitioner, Mr. S. Gunasekaran, learned Government Advocate appearing on behalf of the first respondent; Mr. T.C. Gopalakrishnan, learned counsel appearing on behalf of Chennai Corporation and Mr. A. Kumar, learned Standing counsel appearing on behalf of Chennai Metropolitan Development Authority.

(2.) THE petitioner seeks for the issuance of a writ of certiorarified mandamus to quash the order passed by the fourth respondent dated 01.10.2014 and consequently to direct the fourth respondent to issue planning permission in pursuance of the application in WDCN No. PPA/WDCN11/03585/2014 dated 22.05.2014 in respect of the property in question. The impugned proceedings has demanded various charges from the petitioner and the challenge in this writ petition is confined only on the following two demands viz.,

(3.) THE question to be decided in this writ petition is, when the petitioner had earlier obtained the building plan approval from the Maduravoyal Town Panchayat, who was the competent authority to grant such application at the relevant point of time on 20.06.1986 and the approved building plan was also sanctioned vide proceedings dated 21.06.1986, whether it would be open to the respondents now, to demand the Open Space Reservation Charges.