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2012 Supreme(Mad) 4862

V.DHANAPALAN
Prestige Estates Projects Limited through its Vice President, Bangalore – Appellant
Versus
State of Tamil Nadu rep. by the Secretary to Government, Housing and Urban Development Department – Respondent


Advocates Appeared:
Sriram Panchu, Senior Counsel, for R. Senthil Kumar, for Petitioner
A. Navaneethakrishnan, Advocate General for Ms. V.M. Velumani, Spl. Govt. Pleader and A. Kumar for Respondents

ORDER

1. W.P. No. 25677 of 2012 has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records of the second respondent culminating in the impugned Demand Notice dated 22.8.2012, Letter No. C3(N)/4606 of 2011, quash the same and consequently direct the second respondent to issue Planning Permission and release the approved drawings to the petitioner pursuant to its application, dated 22.3.2011, and based on the letter dated 5.1.2012 from the first respondent and Original Demand Notice dated 27.3.2012 from the second respondent.

2. W.P. No. 25678 of 2012 has been filed, praying for a declaration, declaring that the Government Order G.O. Ms. No. 86, dated 28.3.2012, has no application in respect of the infrastructure and amenities charges calculated and demanded in accordance with government order G.O. Ms. No. 161, dated 9.9.2009.

3. Since the prayers of the petitioner are interconnected, both these Writ Petitions are being disposed of in common.

4. Facts :

4.1. The petitioner is engaged in the business of real estate development across India and in the course of its business entered into a Joint Development Agreement, dated 15.7.2010, with the owner of





























































































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