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Madras High CourtWP/16599/2013disposed of

Tmt. J.Devikala, v. The Member Secretary,

2021-06-25Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.16599/2013 & WMP.No.1/2013 [Video Conferencing] Tmt.J.Devikala ..Petitioner Vs

1. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maligai No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2. The Commissioner [In-charge] Thiruverkkadu Municipality Thiruverkkadu, Chennai.

..Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relevant to the rejection order in Na.Ka.No.392/2013 dated 06.06.2013 passed by the 2nd respondent and quash the same as illegal, improper against the law and consequently direct the respondents to grant planning permission to the petitioner to construct a compound wall in S.NO.438/1A3B, Ayanambakkam Village, Ambattur Taluk, Tiruvallur District immediately.

For Petitioner :

Mr.B.Gopalakrishnan for Mr.A.Rajesh Kanna For Respondents:

Mr.Karthik Rajan for R1 Mr.P.Srinivas for R2

ORDER

1.

By consent, the writ petition is taken up for final disposal and is disposed of by this order.

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2.

The 2nd respondent-Municipality has passed an order dated 06.06.2013 stating that one Krishnababu has raised an objection for construction of a compound wall in S.No.438/1A3B and the said order is under challenge in this writ petition.

3.

The learned counsel for the petitioner has fairly submitted that the dispute between the petitioner as well as the said Krishnababu is now pending in OS.No.218 of 2013 on the file of the Court of Principal District Munsif at Poonamallee. 4.

The Court heard the submissions of Mr.Karthik Rajan, learned Standing counsel appearing for the 1st respondent and Mr.P.Srinivas, learned standing counsel for the 2nd respondent.

5.

In view of the aforesaid submission of the learned counsel for the petitioner, this writ petition is disposed of and the petitioner is at liberty to work out her remedy in accordance with law before the competent civil forum. No costs. Consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar AP To 1.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maligai No.1, Gandhi Irwin Road, Egmore, Chennai 600 008.

2.The Commissioner [In-charge] Thiruverkkadu Municipality Thiruverkkadu, Chennai WP.No.16599/2013 RLD(CO) SP(22/07/2021) https://hcservices.ecourts.gov.in/hcservices/