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2025 DAILYLAW 45532 (MAD)

LARSEN AND TURBBO LTD v. THE MEMBER SECRETARY

WP/13161/2025 · 2025-06-27

N Mala

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP.No.13161 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025 CORAM THE HONOURABLE MRS. JUSTICE N.MALA WP.No.13161 of 2025 M/s.Larsen & Turbo Ltd., Rep. by Mr.Laxmesh B H Vice President & Head Aerospace Systems Segment L & T Bypass Road, Malumichampatti, Coimbatore 641 050 Petitioner Vs 1.The Member Secretary, Kurichi New Town Development Authority, Dr.Nanjappa Road, Coimbatore 641 018. 2.The Commissioner / Director, Directorate of Town and Country Planning, No.807 Anna Salai, Chennai 02. Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, to direct the 1 st respondent to consider and dispose of the application submitted by the petitioner dated 06.07.2018 for grant of planning permission without reference to the earlier demand and pass such further orders. For Petitioner(s): Mr.S.R.Raghunathan 1/6 https://www.mhc.tn.gov.in/judis WP.No.13161 of 2025 For Respondent(s): Mr.M.Rajendiran, Additional Government Pleader ORDER This writ petition has been filed for issuance of a Writ of Mandamus, to direct the 1 st respondent to consider and dispose of the application submitted by the petitioner dated 06.07.2018 for grant of planning permission without reference to the earlier demand. 2. The petitioner applied for planning permission on 17.08.2006 to the Kurichi New Town Development Authority (KNTDA). Initially, I & A charges were fixed at Rs. 225/sq. Mtr. as per G.O. Ms. No. 84 dated 08.04.2008. This was later revised to Rs. 112.50/sq.mtr by G.O. Ms. No. 161 dated 09.09.2009. Based on this, the first respondent demanded Rs. 55,97,400/- which was paid by the Petitioner on 07.10.2009, and planning permission was granted the next day. However, on 07.04.2011, the first respondent demanded an additional Rs. 54,50,100/- which was challenged and dismissed by the second respondent on 10.05.2013. This Court later stayed and eventually quashed this additional demand in W.P. No. 15054 of 2013 on 13.09.2024. Meanwhile, the Petitioner applied for additional construction on 06.07.2018, which was kept pending due to the earlier additional demand. Despite the quashing of the demand, the Respondents have not processed the pending application. 2/6 https://www.mhc.tn.gov.in/judis WP.No.13161 of 2025 3. The learned counsel for the petitioner submits that the additional demand for I & A charges raised by the first respondent was quashed by the Hon’ble High Court in W.P. No. 15054 of 2013. He submits that withholding the planning permission for the additional construction sought in the application dated 06.07.2018, on the basis of a quashed demand, is arbitrary and unjustified. He submits that the Petitioner has fulfilled all statutory requirements for the new application, including remittance of applicable charges, and hence seeks a direction for grant of planning permission without delay. 4. Learned Additional Government Pleader on written instructions in Na.Ka.No.2112/2025/Koma-1 dated 16.04.2025 wherein it is stated as follows: nkYk; cau;ePjpkd;w tHf;F vz;/15054 of 2013 tHf;F ,ilf;fhy cj;jutpd;go. I & A fl;lzk; epYitapy; ,Ue;J. jw;nghJ. ghh;it 17-y; fhQqk; khz;gik cau;ePjp kd;wk; brd;id tHf;F Batch case-d; W.P.No.15054 of 2013-y;. ghh;it 7-y; fhQqk; efu; Cuikg;g[ ,af;Feu;. brd;id mtu;fspd; fojk;. Ehs; 10.05.2013-y; fl;lzk; brYj;JkhW bjuptpf;fg;gl;ljid ePf;fk; bra;J jPu;g;ghiz bgwg;gl;Ls;sJ/ mjidj; bjhlu;e;J. nkw;fhz; Tljy; bjhHpw;rhiy fl;Lkhdj;jpw;F ,t;tYtyfj;jhy; jpl;l mDkjp tH';f fhy mtfhrk; tH';FkhW gzpt[ld; bjuptpj;Jf;bfhs;sg;gLfpwJ/ 3/6 https://www.mhc.tn.gov.in/judis WP.No.13161 of 2025 5. Learned Additional Government Pleader submits that the application for planning permission submitted by the petitioner would be considered on merits, in accordance with law within a time frame stipulated by this Court. 6. Without going into the merits of the case, the first respondent is directed to consider and dispose of the application submitted by the petitioner dated 06.07.2018 for grant of planning permission after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner and pass appropriate orders on merits, in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order. 7. In the result, the writ petition stands disposed of with the above observations and direction. No costs. 27.06.2025 Index:Yes/No Speaking/Non-speaking order gv 4/6 https://www.mhc.tn.gov.in/judis WP.No.13161 of 2025 To 1.The Member Secretary, 2.The Commissioner / Director, Directorate of Town and Country Planning,No.807 Anna Salai, Chennai 02. 5/6 https://www.mhc.tn.gov.in/judis WP.No.13161 of 2025 N.MALA.,J gv WP.No.13161 of 2025 27.06.2025 6/6 https://www.mhc.tn.gov.in/judis