Arthy v. The Assistant Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Arthy ... Petitioner -vs1. The Assistant Director, Directorate of Town and Country Planning, No. 134/4, Mariyamman Kovil, 10th Street, Manalurpet Road, Tiruvannamalai Town.
2. The Thasildar, Thasildhar Office, Thiruvannamalai District.
3. The Sub-Registrar Joint - II, Sub-Registrar Office Joint - II, Tiruvannamalai.
4. The Block Development Officer, Tiruvannamalai Panchayat, Vengikkal, Tiruvannamalai.
5. The Village Administrative Officer, Adi-Annamalai Group, Kosalai, Tiruvannamalai Taluk and District.
6. The Village President, Adi-Annamalai Group, Kosalai, Tiruvannamalai Taluk and District.
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7. R.K.Balasubramanian
8. K.B.Revathi ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First to Sixth Respondents to take necessary action against the Seventh and Eighth Respondents application for DTCP approval by giving personal hearing to the Petitioner, forthwith Petitioner's representation dated on 04.10.2023. For Petitioner :
Mr. T.Padmanabhan For Respondents :
Mr. G.Nanmaran, Special Government Pleader (for R1 to R3 & R5) Mr. E.Sundaram (for R4 & R6)
O R D E R
Heard Mr. T.Padmanabhan, Learned Counsel for the Petitioner, Mr. G.Nanmaran, Learned Special Government Pleader, who takes notice for the First to Third and Fifth Respondents, and Mr. E.Sundaram, Learned Counsel, who takes notice for the Fourth and Sixth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Writ Petition has been filed for directing the First to Sixth Respondents to take necessary action against the Seventh and Eighth 2/5
Respondents in their application for DTCP approval by giving personal hearing to the Petitioner based on the representation dated 04.10.2023 made by her in that regard.
3.
It has been brought to notice that the Petitioner has already filed a civil suit in O.S. No. 17 of 2021 before the District Court, Tiruvannamalai in respect of the same dispute. When it is pointed out that the Petitioner could seek the relief sought by the Writ Petitioner in this Writ Petition in the said suit, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to raise all her contentions in O.S. No. 17 of 2021 before the District Court, Tiruvannamalai, and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. No costs.
23.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.
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To
1. The Assistant Director, Directorate of Town and Country Planning, No. 134/4, Mariyamman Kovil, 10th Street, Manalurpet Road, Tiruvannamalai Town.
2. The Thasildar, Thasildhar Office, Thiruvannamalai District.
3. The Sub-Registrar Joint - II, Sub-Registrar Office Joint - II, Tiruvannamalai.
4. The Block Development Officer, Tiruvannamalai Panchayat, Vengikkal, Tiruvannamalai.
5. The Village Administrative Officer, Adi-Annamalai Group, Kosalai, Tiruvannamalai Taluk and District.
6. The Village President, Adi-Annamalai Group, Kosalai, Tiruvannamalai Taluk and District.
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P.D. AUDIKESAVALU, J.
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