ORDER :

Prayer: Writ Petition filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus or any other appropriate writ, order or direction to call for the records of the proceedings dated 18.09.2013 Na. Ka. No. 39030/L1/2013 on the file of the 1st Respondent, and to quash the same as illegal and without jurisdiction and to consequently direct the third responders refund the money collected in excess of the guideline value together with interest at 12 per cent per annum.

1. This Writ Petition has been filed to issue a Writ of Certorarified Mandamus to set aside the proceedings dated 18.09.2013 Na. Ka. No. 39030/L1/2013 on the file of the 1st respondent as illegal and without jurisdiction, and to consequently direct the third responders refund the money collected in excess of the guideline value together with interest at 12 per cent per annum.

2...........

(a) It is the case of the Writ Petitioner that he has built up hospital at TS 31, Block No. 69 of the Velachery Village. As existing one plus three floor structure was inadequate, the petitioner requested planning permission from the third respondent on 02.05.2012 to construct hospital building with double basement level plus ground and three floors along with a request to construct a fourth floor over and above the existing three floors. In its meeting held on 26.11.2012 the CMDA Planning Committee observed that the construction of the hospital would support the population surroundings and accordingly permitted the hospital building under special sanction.

(b) The third respondent by letter dated 01.02.2013 to the second respondent requested to furnish the guideline value of the land for the purpose of assessing the quantum of amount to be levied for Open Space Reservation and the Premium FSI charges for the land. Vide its letter dated 06.02.2013, the second respondent informed the third respondent vide two different letters stating in the first letter, that the guideline value of the land was Rs. 8,000/- per sq. ft. as on 06.02.2013. However, in another letter on the same date, the second respondent informed the third respondent that the guideline value of the land was Rs. 8,000/- per sq. ft. upto 11.01.2013 and it was Rs. 12,000/- per sq. ft. from 12.01.2013. In response to these letters, the third respondent adopted the guideline value of Rs. 12,000/- per sq. ft. and demanded a remittance of Rs. 12,62,00,000/- for Premium FSI charges and Rs. 2,25,00,000/- as Open Space Reservation Charges. When it was pointed out to the third respondent that the second respondent had provided two different values for the same land through two different letters with the same date, the third respondent made it clear that if the demanded amount not paid which would result in cancellation of permission which will cause enormous loss to the Hospital. Left with no other option the petitioner was constrained to pay the demanded amount on 21.03.2013. The petitioner had once again addressed a representation on 09.07.2013 pointing out that the second respondent had furnished conflicting values vide two different letters on the same day. The third Respondent appears to have written to the first Respondent and requested them to clarify the issue. The third Respondent drew the attention of first Respondent to the fact that in one of the letters the guideline value is specified as Rs. 12,000/- from 12.01.2013 and in another letter with the same date, it is specified Rs. 8,000/- from 01.04.2012 till date. Vide the impugned letter dated 18.09.2013, the first Respondent has once again changed its stance. The respondent now states that the guideline value was Rs. 8,000/- till 29.01.2013. However, on and from the said date it had been revised to Rs. 12,000/- The second respondent, has shifted his stand in each of his different letters addressed to the third respondent.

(c) The Writ Petitioner has presented its application for planning permission on 02.05.2012 on that date the g