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S. M. SUBRAMANIAM, C. KUMARAPPAN
Commissioner, Thiruverkadu Municipality – Appellant
Versus
Jamals – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to allow this writ appeal by setting aside the order dated 29.11.2017 made in W.P. No. 19675 of 2017 passed by the Learned Judge.
1. The undisputed facts are that 1st respondent submitted an application seeking permission from Chennai Metropolitan Development Authority (CMDA) under the CMDA Development Regulations. The Member Secretary, CMDA vide letter dated 17.10.2013 intimated to the 1st respondent about the remittance of development charges and other charges as applicable under the Regulations. The 1st respondent has paid the same. One of the Clause stipulated in the letter would indicate that the demand notice (DC advice) pertaining to the proposed construction falls within the jurisdiction of Thiruverkadu Municipality. The 1st respondent paid the charges as demanded by CMDA. Consequently, the Member Secretary, CMDA transmitted the permission granted under the CMDA Regulation to the Commissioner, Thiruverkadu Municipality vide letter dated 05.12.2013. The Clause stipulated in the letter would indicate that the permission granted by CMDA is not final one under the Tamil Nadu District Munici
A lapsed building permit requires a fresh application, allowing municipalities to impose new fees for renewal under the Tamil Nadu District Municipalities Act.
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The actions of local authorities under statutory provisions must be clearly within jurisdiction; mere allegations of unauthorized use do not suffice for enforcement actions without supporting evidenc....
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