M/S.Rema Rainbow Valley ... vs The Director
2021 Latest Caselaw 11583 Mad

                                                         W.P.No.12642 of 2021
       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                            Dated : 14.06.2021

                                  Coram

           The Honourable Mr.Justice D.KRISHNAKUMAR

                          W.P.No.12642 of 2021


M/s.Rema Rainbow Valley Residents &
Plot Owners Association (RRVRPOA)
Rep. by its President Nachiket Shankar,
703, Prestige Exotica,
#3, Cunningham Crescent Road,
Bangalore - 560 052.
                                                               ...Petitioner

                                  Versus

1.The Director,
 Directorate of Town & Country Planning,
 Appavoa Nagar, Weavers Colony,
 Dharmapuri - 636 701.

2.The Member Secretary,
 Hosur New town Development Agency,
 35/A, First Floor, Nethaji Road,
 Hosur, Krishnagiri - 635 109.

3.M/s.Rema Country Holdings Limited,
 No.79, MM Road, II Floor,
 Fraser Town, Banglore - 560 005.
                                                           ...Respondents

      This Writ Petition is filed under Article 226 of the Constitution of

1/8
                                                              W.P.No.12642 of 2021
India praying for issuance of a writ of mandamus directing the second
respondent to consider and pass suitable orders on the representation dated
19.06.2020 and 10.09.2020 submitted by the petitioner Association.

            For Petitioner             :      Mr.M.Vijayan

            For Respondent - 1:        Mr.M.R.Gokul Krishnan,
                                            Government Advocate



                                 ORDER

(The case has been heard through video conference) The relief sought for in the present writ petition is to direct the second

respondent to consider and pass suitable orders on the representation dated

19.06.2020 and 10.09.2020 submitted by the petitioner Association.

2. The case of the petitioner is that the petitioner Association was

registered under the Societies Registration Act 27 of 1975 and its

Registration Number is 77 of 2003. The petitioner Association is in-charge

of the welfare of the plot holders of Rema Rainbow Valley (hereinafter

referred to as 'RRV') and it represents the common interest of plot owners.

The third respondent floated the layout of RRV and formed an association

viz., Association of Plot Owners of Rema Rainbow Valley (hereinafter

W.P.No.12642 of 2021 referred to as 'APOORRV'). The members of the petitioner Association

purchased the vacant plot from the third respondent and there was a dispute

among the petitioner and the third respondent. Hence, the third respondent

has filed a suit in O.S.No.142 of 2003 before the District Munsif Court,

Hosur for declaration as against the petitioner Association. By judgment and

decree dated 29.10.2010, the learned District Munsif, Housur disposed of the

suit O.S.No.142 of 2003 by holding that the parties have settled the issue

amicably vide Agreement dated 18.04.2008.

2.1. The third respondent has submitted an Application before the

first respondent in the month of June, 2019 for regularization of unapproved

layout and plot under the Tamil Nadu Regularisation of Unapproved Layout

and Plots Rules, 2017. The said Application was numbered as File No.1489

of 2019 and thereafter, renumbered as File No.492 of 2020. Subsequently,

the said Application was transferred to the office of the second respondent in

the month of July, 2020 and now, the same is pending on the file of the

second respondent.

2.2. The essence of the Agreement dated 18.04.2008 is that the third

W.P.No.12642 of 2021 respondent will not have any claim in the common areas/amenities such as

club house, boat house, health club building and shopping complex and such

other structures that may be erected from time to time. So, the third

respondent unanimously without the knowledge and consent of the

petitioner Association has decided to gift the 10% of Open Space Reserve

(OSR) from common amenities/areas enlisted in Item I & II of Annexure to

the Agreement dated 18.04.2008, to the Local Authority through a proper

deed of conveyance.

2.3. The land proposed to be gifted to the Local Authority towards

OSR is in the custody and maintenance of the petitioner Association since

2003 and every plot holder have paid for the common amenities/common

areas as a part of their sale consideration. Hence, the petitioner Association

made a representation dated 19.06.2020 to the first respondent requesting

them not to accept the 10% of land towards OSR gifted out of the lands in

possession and enjoyment of its Association. Also, the petitioner

Association sent the said representation along with a covering letter dated

10.09.2020 to the second respondent, however, the same was not considered.

Hence, the aggrieved petitioner has filed the present writ petition before this

W.P.No.12642 of 2021 Court.

3. The learned counsel for the petitioner would submit that the third

respondent has no right with regard to the property held by the petitioner

Association since the petitioner Association has been in possession of the

common amenities/areas/green areas since 2003 and has also been holding

the same as a custodian on behalf of all the plot holders of RRV. He would

further submit that the first respondent has to consider the petitioner's

representation before taking any final decision with regard to the Application

submitted by the third respondent for regularisation of unapproved layout

and plot.

4. The learned Government Advocate appearing for the first

respondent would submit that the petitioner's representation dated

19.06.2020 would be duly considered by the second respondent under the

provisions of Tamil Nadu Regularisation of Unapproved Layout and Plots

Rules, 2017.

W.P.No.12642 of 2021

5. Heard the learned counsel on both sides.

6. Considering the submissions made by the learned counsel for the

petitioner, this Court without going into the merits of the case, issues the

following directions:

(i) The petitioner Association is directed to submit a copy of its

representation dated 19.06.2020 along with a copy of this order, before the

second respondent.

(ii) On receipt of such representation, the second respondent is

directed to afford an opportunity of personal hearing to both the petitioner

and the third respondent.

(iii) After affording such opportunity, the second respondent is

directed to consider the petitioner's representation under the provisions of

Tamil Nadu Regularisation of Unapproved Layout and Plots Rules, 2017 and

thereafter, pass appropriate orders with regard to the Application No.492 of

2020 filed by the third respondent, on merits and in accordance with law, as

expeditiously as possible.

W.P.No.12642 of 2021

7. This Writ Petition is disposed of with the above directions. No

costs.

14.06..2021 mrr

Index : Yes/No

Speaking Order (or) Non-Speaking Order

To

The Director, Directorate of Town & Country Planning, Appavoa Nagar, Weavers Colony, Dharmapuri - 636 701.

D.KRISHNAKUMAR, J.,

mrr

W.P.No.12642 of 2021

W.P.No.12642 of 2021

14.06.2021