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M/s. Global Software Ltd., Chennai rep. by its Authorised Signatory Y.V. Murali Babu v/s The Secretary Housing & Urban Development Chennai & Another


Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- GLOBAL SOFTWARE LIMITED [Active] CIN = L72200TN2002PLC049398

Company & Directors' Information:- GLOBAL SOFTWARE LIMITED [Strike Off] CIN = U51109WB1981PLC033678

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

    Writ Petition No. 32235 of 2014 & M.P. Nos. 1 & 2 of 2014

    Decided On, 27 February 2015

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI & THE HONOURABLE MR. JUSTICE M. VENUGOPAL

    For the Petitioner: M. Vaidyanathan, Advocate. For the Respondents: R1, N. Sakthivel, Government Advocate, R2, N. Sampath, Standing Counsel for CMDA.



Judgment Text

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records of the first respondent culminating with it's impugned order bearing G.O.(3D) No.60, Housing & Urban Development (UDI) Department, dated 30.10.2012, and quashing the same.)

Satish K. Agnihotri, J.

1. The petitioner has come up earlier with writ petitions being W.P.No.36664 and 36665 of 2007 questioning the legality of Clause 5 of the notice of demand of balance regularisation fee dated 19.7.2002, as well as the demolition notice dated 31.5.2007, respectively, in respect of the commercial building in question and also for a direction to consider the application for regularisation. A Division Bench of this Court having considered all aspects of the matter, held vide order dated 11.12.2007, that the construction appears to have been completed before 28.2.1999, the cut off date fixed for regularisation under the 1999 Scheme, which was saved by the Apex Court and after recording a finding to the effect that the construction appears to have been completed upto the extent of Ground + Five Floors, reserved liberty to the petitioner to make the payment of balance regularisation fee and further directed the authorities to consider the question of regularisation in accordance with law.

2. According to the petitioner, despite clear order passed by this Court, the authorities have declined to accept the balance fee for regularisation and rejected the application on the ground that as per Chennai Metropolitan Development Authority (CMDA), inspection report dated 15.7.1999, the stage of building was recorded as the building has been completed except flooring for 1st Floor and 2nd Floor and partition in 4th Floor and motor room in Ground Floor as not completed and as the building was not substantially completed before the cut-off date (i.e.) 28.2.1999. The regularisation application was earlier refused vide letter No.C3/13086/99 dated 20.1.2000, for the reason that the construction was not completed before the cut-off date (i.e.) 28.2.1999 for regularisation.

3. The question arises as to whether the authorities can re-consider the part of completion in respect of Ground + Five Floors, the construction of which has been held by this Court as having been completed before 28.2.1999. Now, the first respondent had taken up a new plea before us that since the application for regularisation was rejected vide letter No.Reg.MSB/C6/13086/99 dated 27.5.2007, much earlier to the Court order dated 11.12.2007, the petitioner cannot be permitted to file balance regularisation fee.

4. We have considered the aforesaid aspect carefully.

5. It appears that the instant objection was raised before this Court in W.P.Nos.36664 and 36665 of 2007 also. Despite that, the Division Bench by the subsequent order dated 11.12.2007, had directed the authorities to accept the balance regularisation fee. Thus, it clearly implies that the said contention stood completely overruled.

6. In view of the factual backdrop as aforesaid, we further direct the second respondent-CMDA to accept the balance regularisation fee only in relation to the construction upto the extent of Ground + Fi

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ve Floors. For this purpose, the petitioner is required to make a fresh application and the said authority is directed to consider the same in the light of the aforesaid observation and also on merits and in accordance with law. 7. The writ petition accordingly, stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
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