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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
P.K. Mohamed – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. inheritance and planning permission issues. (Para 1 , 2 , 3 , 5) |
| 2. process and requirements for issuing planning permission. (Para 4 , 10 , 12 , 18) |
| 3. arguments regarding vested rights and payment obligations. (Para 20 , 21 , 24) |
| 4. court's observations on the cmda's compliance. (Para 26 , 27 , 28) |
| 5. court orders to process planning application. (Para 42 , 45) |
ORDER :
1. The property situated at Nos.554 & 555, Anna Salai, Chennai – 600 018, originally belonged to one A.K. Khader Kutty. He passed away on 14.02.2001. On his death, the petitioners 1 to 6 inherited the same. A portion of the property bearing the aforesaid door numbers was owned by the 7th petitioner. All of them applied on 11.01.1996 for construction of an office complex consisting of a basement and 11 floors. The application was made to Chennai Metropolitan Development Authority (hereinafter referred to as “CMDA”). The proposal was not approved by the CMDA. Hence, the petitioners preferred an appeal before the State of Tamil Nadu on 23.01.1997. The State did not pass any orders on the said appeal. Hence, a writ petition was moved in W.P.No.2358 of 1998, seeking a mandamus to dispose of the appeal. This
A mandamus issued by the court creates vested rights that restrict the imposition of additional charges for planning permission if initial conditions were met according to earlier mandates.
The court emphasized the importance of planned development and the need to address unauthorized constructions. It also highlighted the right of the petitioners, as owners, to be heard before the orde....
The government order on reduced infrastructure charges is not retrospective; thus, liabilities incurred before its issuance must adhere to earlier regulations.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
Point of law: writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue ....
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
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