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M/s. Billroth Hospitals Pvt. Ltd., Represented by its Managing Director, Dr. Rajesh Jeganathan v/s The Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- BILLROTH HOSPITALS LIMITED [Active] CIN = U85110TN1994PLC027417

Company & Directors' Information:- BILLROTH HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN1994PTC027417

Company & Directors' Information:- S V S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2007PTC052534

Company & Directors' Information:- D D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073765

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- A AND E HOSPITALS PRIVATE LIMITED [Active] CIN = U85110KL2003PTC016562

Company & Directors' Information:- R R HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2011PTC042705

Company & Directors' Information:- K P S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TZ1994PTC004918

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- B R S HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN1988PTC016237

Company & Directors' Information:- V H M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2009PTC073497

Company & Directors' Information:- D B R HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TG2003PTC041648

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- S M R HOSPITALS PVT LTD [Strike Off] CIN = U85110DL2005PTC143152

Company & Directors' Information:- M M HOSPITALS PRIVATE LIMITED [Under Process of Striking Off] CIN = U85110UP1993PTC015371

Company & Directors' Information:- K C HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110PB2012PTC035880

Company & Directors' Information:- B M HOSPITALS PRIVATE LIMITED [Active] CIN = U85110TN2005PTC058062

Company & Directors' Information:- S A HOSPITALS LIMITED [Strike Off] CIN = U85110MH2002PLC136697

Company & Directors' Information:- M. B. HOSPITALS PRIVATE LIMITED [Active] CIN = U85100HR2010PTC041489

Company & Directors' Information:- M AND D HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2002PTC117618

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- M. R. HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110UP1995PTC018165

Company & Directors' Information:- S P HOSPITALS PVT LTD [Strike Off] CIN = U85110HP1992PTC012651

Company & Directors' Information:- RAJESH HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2015PTC261258

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- V K R HOSPITALS PRIVATE LIMITED [Strike Off] CIN = U85110TG2011PTC075009

Company & Directors' Information:- V P HOSPITALS PRIVATE LIMITED [Active] CIN = U85110DL2011PTC220548

    W.P. No. 14650 of 2019 & W.M.P. No. 14644 of 2019

    Decided On, 28 May 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE RMT. TEEKA RAMAN & THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: C. Aryama Sundaram, Senior Counsel, AR. L. Sundaresan, Senior Counsel, K.V. Sajeev Kumar, Advocate. For the Respondents: R1, R4 to R6, S.R. Rajagopal, Additional Advocate General assisted by V. Jeyaprakash Narayanan, Special Government Pleader, R2, P.S. Ganesh, R3, V.C. Selvasekaran, Advocates.



Judgment Text


(Prayer: Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to process the regularization application in receipt number CMDA/ REG-1113C/1037/2019, dated 18.02.2019 with respect to the hospital building at Survey No. T.S. No. 30/1&2, 31, 32/2, 35, 36, 37/1 and 39/2, Block No. 20, Aminjikarai, Shenoy Nagar, Chennai – 600 030, under Section 113(C) of the Tamil Nadu Town and Country Planning Act, 1971, as amended upto date in accordance with the direction in W.P. No. 23889 of 20177 within a time bound period.)

P.D. Audikesavalu, J.

The Petitioner filed this Writ Petition to direct the Second Respondent to process the regularization application in receipt No. CMDA/ REG-1113C/1037/2019 dated 18.02.2019 with respect to the Hospital building at survey No. T.S. No. 30/182, 31, 32/5, 35, 37/1 and 39/2, Block No. 20, Aminjikarai, Shenoy Nagar, Chennai – 600 030, under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971, as amended upto date in accordance with the direction in W.P. No. 23889 of 2017 dated 11.09.2017 within a time bound.

2. We have heard Mr. C. Aryama Sundaram and Mr. AR. L. Sundaresan, Learned Senior Counsel appearing for the Petitioner, Mr. S.R. Rajagopal, Learned Additional Advocate General appearing on behalf of the First, Fourth, Fifth and Sixth Respondents, Mr. P.S. Ganesh, Learned Counsel for the Second Respondent and Mr. V.C. Selvasekaran, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

3. It is the admitted case of the parties that the validity of G.O. (Ms). Nos. 110 and 111, Housing and Urban Development [UD(4)3] Department dated 22.06.2017 passed by the Secretary to Government of Tamil Nadu, Housing and Urban Development Department, has been challenged in W.P. No. 23889 of 2017 in this Court in which the First Bench of this Court by order dated 11.09.2017 held as follows:-

“Applications for regularization may be entertained and processed, but no final decision thereon shall be taken without leave of the Court.”

In view of the same, the Learned Additional Advocate General appearing on behalf of the Respondents, on instructions, submits that the application in receipt No. CMDA/REG-1113C/1037/2019, dated 18.02.2019 made by the Petitioner is under process by the Second Respondent and that no final decision shall be taken without leave of the Court. Recording the said submission, we are of the view that no further orders are required in the matter. We hasten to clarify that merely because the Petitioner has submitted the application for regularization, it would not preclude the concerned authority to ta

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ke appropriate action against the Petitioner for violation of the building construction regulations, in the manner recognized by law. 4. Accordingly, the Writ Petition is disposed of with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.
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