K.Balakrishnan, v. Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2016

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.11100 of 2016 and W.M.P.No.9648 of 2016 1.K.Balakrishnan 2.Rema Swaminathan Petitioners vs.

1.Managing Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.

3.The Commissioner of Civil Supplies, Ezhilagam, 4th Floor, Chetpet, Chennai - 5.

4.The Executive Engineer, Enforcement - Regional Office, Central, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 30.

5.The Assistant Executive Engineer, Enforcement - Regional Office, Central, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 30.

6.The Assistant Executive Engineer, Unit - 16, Perambur High Road,

7.The Assistant Engineer, Division-70, Perambur High Road, 8.E.Ravichandran 9.R.Rakesh 10.President, Consumer Co-operative Store Ltd., XNC - 623, CFO-013 & CFO - 014, No.97, Perambur High Road Lane, Jamaliya, Chennai - 12.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 4 to 7 to enforce the locking and sealing and demolition notice in Notice No.REGIONCENTRAL/TPENF/0310/2015 dated 01.04.2015 under Sections 56 and 57 read with 85 of the Tamil Nadu Town and Country Planning Act 1971 as amended by Act 61 of 2008 and to give effect to the De-occupation Notice in Notice No.REGIONCENTRAL/TPENF/0310/2015 dated 11.05.2015 under Sections 56 and 57 read with 85 of the Tamil Nadu Town and Country Planning Act, 1971, as amended by Act 61 of 2008 which is issued by respondents 4 to 7 in the stilt area at Door No.97/100, Perambur High Road Lane, Jamaliya, Chennai - 12. For Petitioners ..

Mr.Vinod Paul Tyagaraj David

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioners has made an endorsement to the following effect:

"May I please my Lord, I may be permitted to withdraw W.P. with an liberty to file a proper writ petition."

2.In view of the above, the writ petition is dismissed as withdrawn with liberty to file proper petition. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar(CSVII) True Copy Sub-Assistant Registrar To 1.The Managing Director, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, No.1, Gandhi Irwin Road, Egmore, Chennai - 8.

2.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.

3.The Commissioner of Civil Supplies, Ezhilagam, 4th Floor, Chetpet, Chennai - 5.

4.The Executive Engineer, Enforcement - Regional Office, Central, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 30.

5.The Assistant Executive Engineer, Enforcement - Regional Office, Central, 2nd Cross Street (East) Pulla Avenue, Shenoy Nagar, Chennai - 30.

6.The Assistant Executive Engineer, Unit - 16, Perambur High Road, 7.The Assistant Engineer, Division-70, Perambur High Road,

+1 cc to Mr.David Tyagaraj Advocate sr.18749/16 W.P. No.11100 of 2016 aa12/04/2016