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P.Pyarelal Jain v. CMDA - WP.No.2577 of 2007  RD-TN 279 (23 January 2007)
In the High Court of Judicature at Madras
The Honourable Mr.Justice P.SATHASIVAM
The Honourable Mr.Justice N. PAUL VASANTHAKUMAR
Writ Petition No.2577 of 2007
M.P.Nos.1 & 2 of 2007
8.Gowtham Chand .. Petitioners
rep. by its Member-Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai-8. .. Respondent
Writ petition filed under Article 226 of the
Constitution of India, praying for issuance of a writ of
Certiorarified Mandamus to call for the records of the
respondent in letter No.EC2/8133/2001 dated 02.01.2007
issued under Section 56 of the Tamil Nadu Town and Country
Planning Act for demolition of the building put up at No.70,
Sir Theyagaraya Road, Pondy Bazaar, T.Nagar, Chennai-17,
quash the same and to forbear the respondent or any one on
their behalf from initiating any action of demolition for
the constructions put up in the aforementioned property.
For Petitioners : Mr.R.Mohan
For Respondent : Mr.J.Ravindran for CMDA
(Order of the Court was made by P.SATHASIVAM,J.) Aggrieved by the demolition notice dated 02.01.2007 issued under Section 56 of the Tamil Nadu Town and Country Planning Act for demolition of the building put up at No.70, Sir Theyagaraya Road, Pondy Bazaar, T.Nagar, Chennai-17, the petitioners, numbering eight, have filed the above writ petition to quash the same on various grounds.
2. On direction, Mr.Ravindran takes notice for the respondent.
3. We have verified the impugned demolition notice dated 02.01.2007, which is available at page 13 of the typed set of papers. It is brought to our notice that immediately on receipt of the demolition notice, the first petitioner for himself and as Power Agent for others, made a detailed representation on 10.01.2007 to the respondent, wherein he mentioned about the planning permission issued by the CMDA vide permit No.000160 dated 07.08.2000 for basement + ground floor + 3 floors (part) shops cum office building. In the same representation, he also highlighted payment of regularisation charges along with his application.
4. On going through the details furnished in the representation dated 10.01.2007, we are of the view that the petitioners may be given one more opportunity. Accordingly, we direct the respondent to consider and dispose of the representation dated 10.01.2007 one way or other, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Till such final order/decision being taken, the impugned demolition notice dated 02.01.2007 shall be kept in abeyance.
5. With the above direction, the writ petition is disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2007 are closed.
Chennai Metropolitan Development Authority,
No.1, Gandhi Irwin Road,
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