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2023 Supreme(Mad) 2088

RMT. TEEKAA RAMAN
Chennai Hiranandani Residents Welfare Association, Rep. by its Secretary N. Venkatathri, Chennai – Appellant
Versus
Secretary, Housing and Urban Development Department, Chennai – Respondent


Advocates appeared:
For the Petitioner:Rahul Balaji, Advocate. For the Respondents:R1 & R2, R. Shanmuga Sundaram, Advocate General, Assisted by S. Mythreye Chandru, Spl. Govt. Pleader, R3, AR.L. Sundaresan, P.S. Raman, Sr. Counsels, G. Vivekanand, Varuni Mohan, Advocate.

JUDGMENT

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in DTCP approval bearing Na.Ka.No.2081/2020/MLPC(C.M-5) dated 19.11.2020 and to quash the same, as illegal and contrary to law and consequently, forbear the 3rd respondent from continuing with the illegal construction of new towers, namely Octavius and Verona in the location of the clubhouse for Phase II and from marketing / selling flats in the 3rd respondent’s development “House of Hiranandani” situated in Egattur, Chennai, without abiding by the original DTCP plan approved in 2016 and complete the construction of the second Clubhouse in Phase II strictly, in accordance with the plan approved in 2012 vide Na.Ka.No.9787/2012 dated 15.06.2012 along with building permit No.Mu.U.KA.No.59 dated 15.10.2012 issued by Muttukkadu Gram Panchayat and revised and renewed by Mamallapuram Local Planning Authority on 28.01.2016.)

By consent of both the parties, main writ petition itself is taken up for final disposal and orders have been passed, after hearing all the parties.

2. The petitioner is a reg

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