IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:25.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.10475 of 2011 M/s.Tril Info Park Limited, represented by its Chief Executive Officer, Mr.C.Velan, Ramanujan ITSEZ, Rajiv Gandhi Salai (OMR), Taramani, Chennai-600 113. ... Petitioner vs. 1.The Chennai Metropolitan Development Authority, represented by its Member-Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008. 2.The Government of Tamil Nadu, represented by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-600 009. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 1.4.2011 and letter dated 15.4.2011 seeking exemption under section 113 of the Tamil Nadu Town and Country Planning Act with regard to the Gifting of OSR land in favour of Corporation of Chennai as per C.M.D.A.'s demand for the purpose of issuing planning permission towards constructions of multistoried IT/ITES building at T.S.No.3/2, 2/3, Block No.6, Kanagam Village, T.S.No.2/1, Block No.4, Thiruvanmiyur Village, Old Mahabalipuram Road, Chennai and accord approval for the said https://hcservices.ecourts.gov.in/hcservices/ constructions within a reasonable time. For Petitioner : Mr.R.Mohan For Respondents : Mr.C.Kathiravan, for R1. Mr.S.Shivashanmugam, Government Advocate for R2. ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 1.4.2011 and letter dated 15.4.2011 seeking exemption under section 113 of the Tamil Nadu Town and Country Planning Act with regard to the Gifting of Open Space Reservation land in favour of Corporation of Chennai as per C.M.D.A.'s demand for the purpose of issuing planning permission towards constructions of multistoried IT/ITES building at T.S.No.3/2, 2/3, Block No.6, Kanagam Village, T.S.No.2/1, Block No.4, Thiruvanmiyur Village, Old Mahabalipuram Road, Chennai and accord approval for the said constructions within a reasonable time. 2. Mr.C.Kathiravan, learned counsel takes notice on behalf of the first respondent. Mr.S.Shivashanmugam, learned Government Advocate takes notice on behalf of the second respondent. By consent of all parties, the writ petition is taken up for final disposal. 3. It is stated that the petitioner company is formed for joint venture in association with M/s.Tamil Nadu Industrial Development Corporation (in short TIDCO), M/s.Tata Realty and Infrastructure Limited (in short TRIL) and M/s.Indian Hotel Corporation Limited for the purpose of establishing IT, ITES SEZ at Taramani, Chennai. Petitioner claims to have entered into a lease agreement with Tamil Nadu Industrial Development Corporation on 13.8.2008. Thereafter, petitioner submitted an application for planning permission to construct multistoried building with the knowledge and consent of their lessor M/s.TIDCO on 19.1.2009 to the first respondent. The first respondent directed the petitioner to comply with certain requirements by letter No.C3/420/2009 dated 31.1.2011 and the petitioner complied with the same. Thereafter, on 5.4.2011, the first respondent issued a letter No.CX3/420/2009 informing the petitioner that the planning permission will be issued only after completion of gifting Open Space Reservation area and handing over https://hcservices.ecourts.gov.in/hcservices/ the same to the local body concern as per the order of Government. A further direction has been issued to hand over the Open Space Reservation area to Corporation of Chennai. To this, the petitioner has given a detailed letter to the first respondent on 15.4.2011 with a copy marked to the Government. In this letter, petitioner seeks the following relief:- "We therefore request you to consider our request by exempting the OSR Gift Deed to Corporation of Chennai for our development in the aforementioned property from the provisions of Development Control Rules and issue the planning permission without insisting upon OSR Gift Deed to Corporation of Chennai at the earliest." 4. Since no action has been taken, the present writ petition has been filed for a mandamus to consider the said letter/representation. Petitioner relies upon the earlier G.O.Ms.No.7 Housing and Urban Development (UD I) Department dated 20.1.2010 wherein exemption has been given from execution of gift deed for the Open Space Reservation area in favour of Chennai Corporation, to one M/s.Central Institute of Blackish Water Aquaculture. 5. From a reading of the G.O.Ms.No.7 Housing and Urban Development (UD I) Department dated 20.1.2010 on which strong reliance has been placed by the petitioner, it reveals that the Member Secretary to Chennai Metropolitan Development Authority has recommended the request of M/s.Central Institute of Blackish Water Aquaculture to the Government for the purpose of maintaining the open space reservation space without executing the gift deed in favour of the first respondent Chennai Metropolitan Development Authority by relaxing the appropriate rules. Since the petitioner claims similar exemption and has made a representation on 15.4.2011 to the first respondent, the first respondent is directed to consider the said representation and forward its recommendation to the Government for appropriate relief in accordance with law. The first respondent is directed to consider and dispose of the said representation as above within four weeks from the date of receipt of a copy of this order. 6. The Writ Petition is disposed of as above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ts To 1.The Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai-600 008. 2.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai-600 009. +1cc to Govt. Pleader Sr 28877 +1cc to Mr.R.Mohan, Advocate Sr 28246 GR(CO) km/28.4. W.P.No.10475 of 2011 25.4.2011 https://hcservices.ecourts.gov.in/hcservices/