IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:7.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition Nos.3705 and 4058 of 2011 and M.P.No.1 of 2011 in both Writ Petitions W.P.No.3705 of 2011:- M/s.Mipalloy, Proprietary Firm, represented by its Proprietor D.N.Dhody, C-14 & C-15, Sipcot Industrial Estate, Irrungattukottai, Sriperumbudur Taluk, Kancheepuram District. ... Petitioner vs. 1.The Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002. 2.The Deputy Director, Town and Country Planning, Chengalpattu Region, 13, Dr.Varadarasanar Street, Vedachalam Nagar, Chengalpattu 603 001. ... Respondents W.P.No.4058 of 2011:- D.N.Dhody, Proprietor, Mipalloy, C-14 & C-15, Sipcot Industrial Estate, Irrungattukottai, Sriperumbudur Taluk, Kancheepuram District. ... Petitioner vs. https://hcservices.ecourts.gov.in/hcservices/ 1.The Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002. 2.The Assistant Director/ Deputy Director of Town and Country Planning(In charge), Chengalpattu Region, 13, Dr.Varadarasanar Street, Vedachalam Nagar, Chengalpattu 603 001. ... Respondents Writ Petition No.3705 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in NA.KA.EN.4091 dated 4.2.2011 and quash the same and thereby direct the second respondent to conform the permission order in NA.KA.EN.4091 dated 30.5.2008 in accordance with the law. Writ Petition No.4058 of 2011 is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in Na.Ka.No.4091/07 dated 2.11.2010, quash the same and consequently direct the respondents to receive a sum of Rs.5,80,000/- without insisting on payment of a sum of Rs.18,75,000/- as claimed in the notice impugned in this writ petition. For Petitioner in both W.Ps. : Mr.G.Saibaba For Respondents in both W.Ps. : Mrs.R.Anitha, Additional Government Pleader. COMMON ORDER Writ Petition No.3705 of 2011 is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in NA.KA.EN.4091 dated 4.2.2011 and quash the same and thereby direct the second respondent to conform the permission order in NA.KA.EN.4091 dated 30.5.2008 in accordance with the law. 2. Writ Petition No.4058 of 2011 is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in Na.Ka.No.4091/07 dated 2.11.2010, quash the same and consequently direct the respondents to receive a sum of Rs.5,80,000/- without insisting on payment of a sum of Rs.18,75,000/- as claimed in the notice impugned in this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 3. Mrs.R.Anitha, learned Additional Government Pleader, takes notice on behalf of the respondents in both the writ petitions. By consent of both parties, the writ petitions are taken up together for final disposal and disposed of by this common order. 4. W.P.No.3705 of 2011:- (i) This Writ petition has been filed challenging the proceeding dated 4.2.2011. In the impugned proceeding it is stated that the planning permission granted to the petitioner was cancelled on the ground that the petitioner has not paid the sum of Rs.8,70,000/-. (ii) Petitioner now points out that the sum of Rs.8,70,000/- was paid by way of demand draft bearing No.020415 dated 9.5.2008 drawn on HDFC Bank. He refers to a covering letter dated 9.5.2008 which has not been acknowledged by the respondent authorities. (iii) It is not clear that the said demand draft has been deposited with the respondent authorities and encashed. In such view of the matter without going into the merits of the claim, the petitioner is directed to show the proof of remittance of the amount of Rs.8,70,000/- as demanded by the authority as on 9.5.2008 and give a representation to the respondent authority to cancel the impugned proceedings based on the deposit as above. If a proper representation is made by the petitioner along with required document and a copy of this order, the authority shall reconsider the issue of cancellation of the planning permission. This order to be read with along with the order that will be passed in W.P.No.4058 of 2011. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 5. W.P.No.4058 of 2011:- (i) This writ petition has been filed challenging the proceeding dated 2.11.2010. In the impugned proceeding a sum of Rs.18,75,500/- is demanded. This amount is disputed by the petitioner stating that the working by the authority is bad. (ii) Petitioner has made a representation in this regard on 24.11.2010. Petitioner states that he has already paid a sum of Rs.8,70,000/-. But there is no acknowledgment by the respondent authorities. Now Petitioner states that he is ready to pay a sum of Rs.5,80,000/-. (iii) In view of the above, the respondent is directed to consider and dispose the representation dated 24.11.2010 on merits and in accordance with law expeditiously. This order to be read with along with the order that is passed in W.P.No.3705 of 2011 as above. This Writ Petition is disposed of accordingly. No costs. https://hcservices.ecourts.gov.in/hcservices/ Consequently, connected miscellaneous petition is closed. 6. The authorities are directed to dealt with both the matters together and dispose the same by a common proceedings. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ts To 1.The Director, Directorate of Town and Country Planning, 807, Anna Salai, Chennai-600 002. 2.The Deputy Director, Town and Country Planning, Chengalpattu Region, 13, Dr.Varadarasanar Street, Vedachalam Nagar, Chengalpattu 603 001. 4 cc to Mr.G.Saibaba, Advocate, Sr.No.4218, 4219 1 cc to Government Pleader, Sr.No.16543 Common Order in W.P.Nos.3705 & 4058 of 2011 JP {CO} TP/23.3.2011. https://hcservices.ecourts.gov.in/hcservices/