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Madras High CourtWP/577/2021disposed of

V.S.Gunaseelan v. The Director

2021-01-11Honourable Mr Justice B.Pugalendhi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2021

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.No.577 of 2021 and W.M.P.Nos.704 and 707 of 2021 1.V.S.Gunaseelan 2.Brundhadevi 3.G.Om Prakash ... Petitioners Vs.

1.The Director Town and Country Planning No.807, Anna Salai Chennai 600 002 2.The Regional Deputy Director Directorate of Town and Country Planning Coimbatore Region, Coimbatore 3.J.Rajasekar

...Respondents

Prayer: The writ petitions filed under Article 226 of the Constitution of India, to issue a writ of Certorarified Mandamus, calling for the records relating to the order dated 16.12.2020 in Na.Ka.No.19808/NU3 and quash the same and consequently forbear the respondents 1 and 2 herein from approving / granting any approval for putting up any new theatre or construction in the properties in Survey No.1220 and 1221 Pollachi Coimbatore.

For Petitioners : Mrs.A.L.Ganthimathi For Respondents : Mr.Annai Ezhil Government Advocate

ORDER

(The case has been heard through video conference) The petitioners have approached this Court as against the communication of the 1st respondent dated 16.12.2020 in Na.Ka.No.19808/NU3 to quash the same and for a consequential relief to forbear the respondents 1 and 2 from approving / granting any approval for putting up any new theatre or construction in the properties in Survey No.1220 and 1221 Pollachi Coimbatore.

2.The learned counsel for the petitioner submitted that the petitioners have made certain objections to the 1st https://hcservices.ecourts.gov.in/hcservices/

respondent on 04.03.2020, with regard to the grant of C-Form Licence for running a theatre in the premises of the petitioners and it appears the same is the subject matter in a Civil Suit in O.S.No.184 of 2020. The 1st respondent vide this impugned communication dated 16.12.2020 in Na.Ka.No.19808 of 2020, has replied that since the issue is pending before the Civil Court, they cannot cancel the licence which has already been granted pursuant to the letter of the petitioners dated 04.03.2020. Aggrieved over the reply, the petitioners are before this court.

3.Heard the learned counsel for the petitioner, this Court is not inclined to entertain this writ petition, since the order impugned is only a communication of the 1st respondent referring the dispute between the petitioners and the respondents with regard to a Memorandum of Understanding (MOU) dated 07.10.2015, entered between the petitioner and the respondent. On the above dispute, the petitioners have already filed a civil suit in O.S.No.184 of 2020, which is pending on the file of the Sub Court, Pollachi. 4.Considering the fact that the parties have already approached the competent Civil Court as against the MOU and also pending the civil suit sought for an injunction, this court is not inclined to entertain this writ petition since the impugned communication of the 1st respondent only refers the proceedings pending between the parties before the Civil Court.

5.Accordingly, this writ petition is dismissed with a liberty to the petitioners to work out their remedy in the manner known to law before the competent civil court. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kas To 1.The Director Town and Country Planning No.807, Anna Salai,Chennai 600 002 2.The Regional Deputy Director Directorate of Town and Country Planning Coimbatore Region, Coimbatore +1cc to M/s.A.L.Gandhimathi , Advocate SR.No. 1590 +1 cc to Government Pleader Sr.No. 1631 W.P.No.577 of 2021 and W.M.P.Nos.704 & 707 of 2021 A.SK(05.02.2021).

https://hcservices.ecourts.gov.in/hcservices/