WP/6500/1998 of SREE SHYAMSAYI CORPORATION, Vs M/S CMDA REP. BY ITS MEMBER on 22 December 2006

In the High Court of Judicature at Madras Dated: 22.12.2006

Coram:

The Honourable Mr.Justice P.SATHASIVAM

and

The Honourable Mr.Justice S.TAMILVANAN

Writ Petition Nos.6500 of 1998, 3712 and 11461 of 2002, 12557 and 16714 of 2003

Sree Shyamsayi Corporation,No.15, Whites Road,Chennai-600 014represented by its Partner..Petitioner in W.P.No. 6500 of 1998N.Savithri..Petitioner in W.P.No. 12557 of 2003..vs..

1. Chennai Metropolitan Development Authority, rep.by its Member Secretary, No.8, Gandhi Irwin Salai, Chennai-600 008.

2. Chennai Metropolitan Water Supply and Sewerage Board, reptd.by its Chairman and Managing Director, Chennai-600 002.

..Respondents in W.P.Nos. 6500/98 & 12557/2003

M/s.Sivasakthi Trustrep.by its Managing TrusteeMr.C.Surendran,S/o.M.Chandrasekara Mudaliar,having their office atNo.93, Sydenhams Road,Chennai-600 003.

..Petitioner in

W.P.No.3712/2002

..vs..

1. State of Tamil Nadu, rep.by Secretary to Government, Housing and Urban Development Dept., Fort St.George, Channai-9. rep.by Secretary to Government, Housing and Urban Development Dept., Fort St.George, Channai-9.

2. Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Salai, Chennai-600 008. Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Salai, Chennai-600 008.

2. Chennai Metropolitan Water Supply and Sewerage Board, reptd.by its Chairman and Managing Director, Supply and Sewerage Board, reptd.by its Chairman and Managing Director, 1, Pumping Station Road, Chennai-600 002. Chennai-600 002.

Chennai-600 002. ..Respondents in W.P.Nos.3712 and 11461 of 2002 & 16714 of 2003W.P.No.6500 of 1998:

Writ petition filed under Article 226 of the Constitution of India,praying for issuance of a writ of Certiorarified Mandamus, calling for therecords comprised in the Proceedings of the 1[st]respondent inLr.No.C3/27198/97 dated 17.4.98 and quash the same in so far as itpertains to afresh levy of infrastructural development charges ofRs.18,51,000/-; development charges of Rs.4,85,000/-; scrutiny fee ofRs.58,000/- and display deposit of Rs.10,000/- without reference to thecharges including infrastructural development charges etc.already paid bythe petitioner and consequently issue a Mandamus directing the 1[st]respondent to forthwith consider and grant planning permission of thepetitioner based on the payments already made including infrastructuraldevelopment charges, development charges, furnishing of bank guaranteepursuant to the orders of this Court.

W.P.No.3712 of 2002:Writ petition filed under Article 226 of theConstitution of India, praying for issuance of a writ of CertiorarifiedMandamus, calling for the records of the 2nd respondent inLr.No.C3/13811/2001 dated 21.12.2001 received on 28.12.2001 and quash the same in so far as it relates to payment of infrastructural developmentcharges and consequently direct the respondents to grant planningpermission for construction of dwelling units at No.93, Sydenhams Road,Chennai-600 003, without insisting on infrastructural improvement charges.

W.P.No.11461 of 2002:Writ petition filed under Article 226 of theConstitution of India, praying for issuance of a writ of CertiorarifiedMandamus, calling for the records comprised in the Proceedings of the 2ndrespondent in Lr.No.B2/38898/01 dated 28.03.2002 and quash the same in sofar as it relates to payment of infrastructural improvement charges andconsequently direct the grant of planning permission for construction ofdwelling units at Vembuliamman Koil Street, T.S.No.67,69,70,71/2, BlockNo.36, Virugambakkam, Chennai without insisting on infrastructuralimprovement charges.

W.P.No.12557 of 2003: Writ petition filed under Article 226 of theConstitution of India, praying for issuance of a writ of CertiorarifiedMandamus, calling for the records relating to the impugned letter of 1[st]respondent vide letter No.C3/30704/2002 dt.03.04.2003 and to quash thesame and directing the 1[st] respondent to release the planning permissionapproval to the petitioner vide their approval No.C3/30704/2003 dated03.04.2003 forthwith.

W.P.No.16714 of 2003:Writ petition filed under Article 226 of theConstitution of India, praying for issuance of a writ of CertiorarifiedMandamus, calling for the records of the 2nd respondent inLr.No.C3/17019/2002 dated 03.04.2003 and quash the same in so far as itrelates to payment of infrastructural improvement charges andconsequently direct the respondents to grant planning permission forconstruction of commercial office space at Door No.156, Poonamallee HighRoad, Chennai, without insisting on infrastructural improvement charges.