IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 29.06.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.14776 of 2011 and M.P.No.1 of 2011 1.K.Natarajan 2.T.Ramaswamy 3.K.Kalyana Raman 4.N.Buchammal ... Petitioners vs. 1.Chennai Metropolitan Development Authority, represented by its Member Secretary, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.The Corporation of Chennai, rep. By its Commissioner, Rippon Building, Chennai 600 003. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first and second respondent to receive the application and consider and grant approval for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at Block No.M-78, consisting of four flats comprised in S.No.152 part of Thiruvanmiyur Village measuring 477 sq.mts., situated at 31st Cross Street, Besant Nagar, Chennai - 90 without insisting on Patta and process the same in so far as it satisfy the Development Control Rules. For petitioners : Mrs.R.Usha Priya For respondent-1 : Ms.V.M.Velumani, Spl.G.P. ----- O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the first and second respondent to receive the application and consider and grant approval for demolition and https://hcservices.ecourts.gov.in/hcservices/ reconstruction by issuing planning permission to construct residential flats in the property situated at Block No.M-78, consisting of four flats comprised in S.No.152 part of Thiruvanmiyur Village measuring 477 sq.mts., situated at 31st Cross Street, Besant Nagar, Chennai - 90 without insisting on Patta and process the same in so far as it satisfy the Development Control Rules. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the first respondent. In view of the order that is to be passed in this writ petition, the notice to the second respondent is dispensed with. By consent, the writ petition is taken up for final disposal. 3. The grievance of the petitioners is that in respect of the properties developed and sold by the Housing Board to individual allottees and has been subsequently transferred to present owners, the first respondent is insisting on the patta for the purpose of processing the application. 4. Learned Special Government Pleader appearing for the first respondent states that the issue in the present writ petition is covered by the order dated 07.01.2011 in W.P.Nos.175 and 326 of 2011 and the same order can be passed. 5. The order passed in W.P.Nos.175 and 316 of 2011 in paragraph 3 & 4 reads as follows: 3. Similar issue was considered by this Court in WP No.29553 of 2008, dated 28.1.2009 and the following order was passed. " On notice, the learned counsel appearing for Chennai Metropolitan Development Authority has brought to the notice of this Court that as per development regulations, as far as the relief sought by the petitioners is concerned, the document relating to the ownership of the land has to be produced and so also the document relating to extent of area has to be produced and unless the petitioners produce the same, the relief sought by the petitioners cannot be granted by the respondents. However, the learned counsel for the first respondent has fairly conceded that production of patta is nowhere specifically stipulated in the said regulations, but, in the event of the petitioners producing the documents with regard to the ownership and also the proof relating to the area, the respondents are willing to process and to pass orders in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ In view of the above submission made by the learned counsel for the first respondent, the petitioners are directed to produce the proof relating to the ownership of the said flats and also the proof relating to the said area within a period of fifteen days from the date of receipt of a copy of this order and on receipt of the same, within a period of three weeks thereafter, the respondents are directed to process the same and to pass orders in accordance with law. " 6. In view of the earlier decision as above, this writ petition is ordered on the same terms and conditions directing the respondents to process the application as and when submitted without insisting the patta. It is desirable that the applicants shall submit their application by registered post with acknowledgment due so as to avoid the allegation of authorities refusing to receive the application. No costs. Consequently, connected miscellaneous petition is closed. smi/ts Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi-Irwin Road, Egmore, Chennai 600 008. 2.The Commissioner, Corporation of Chennai, Rippoin Building, Chennai 600 003. + 2 cc to Mrs. R. Usha Priya, Advocate SR No.38133 + 1 cc to Government Pleader, SR No.38391 GV(CO) SR/19.7.2011 Order in W.P.No.14776 of 2011 https://hcservices.ecourts.gov.in/hcservices/