East Kamaraj Nagar (North) v. Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI W.P. No. 5326 of 2021 East Kamaraj Nagar (North) Residents Welfare Association Represented by its Secretary M.N.Mahendar Thiruvanmiyur, Chennai.

... Petitioner Vs.

1. Member-Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

2. The Commissioner of Police (Traffic) Commissioner Office Building EVK Sampath Road Vepery, Chennai - 600 007.

3. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600 003.

4. R.Venugopal

5. R.Santhanam

6. Manoharan

7. Prabhu Manoharan

8. Season 4 Service Apartments New No.25. Old No 13 Third East Street, Kamaraj Nagar, Tiruvanmiyur Chennai - 4. ... Respondents PRAYER : Petition filed under Section Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the Respondents 1 to 3 to lock and seal the premises

of Respondents 4 to 8 being a) Cotton house New No.9, Old No.2, Second East Street, Kamaraj Nagar, Thiruvanmiyur, Chennai - 600 041, b) New No.12, Old No. 43, Third East Street, Kamaraj Nagar, Tiruvanmiyur, Chennai - 600 041, c) New No.2/1, Old No.48, Third East Street, Kamaraj Nagar, Tiruvanmiyur, Chennai - 600 041, d) No. 3, Thiruvallur Salai, Tiruvanmiyur, Chennai - 600 041 and e) Seasons 4 service apartments New No.25, Old No.13, Third East Street, Kamaraj Nagar, Tiruvanmiyur, Chennai - 600 041 respectively for having been in violation of Development Control Rules.

For Petitioner : Mr. Ramalingam For Respondents : Mr. K.Raja Srinivas (For R3) Mrs. R.Anitha (For R2) Mrs. Veena Suresh (For R1) Mr. S.Rajasekar (For R4)

ORDER

(Order of the Court was passed by N.KIRUBAKARAN, J) The matter was heard through ''Video Conference''. 2.

Even though Mr. K.Raja Srinivas, Learned Counsel appearing for the Third Respondent submits that the offending portions have been demolished and removed and thus, the prayer sought in this Writ Petition has become infructuous, Learned Counsel appearing for the Petitioner seeks permission of this Court to withdraw this Writ Petition as the Petitioner is not interested in prosecuting the case and he has also filed a memo to that effect, which is placed on record.

3.

Recording the submissions made by the Learned Counsel appearing on either side, this Writ Petition stands dismissed as withdrawn. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar Maya

To

1. The Member-Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai - 600 008.

2. The Commissioner of Police (Traffic) Commissioner Office Building EVK Sampath Road Vepery, Chennai - 600 007.

3. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600 003.

+3ccs to S.Rajasekar, Advocate SR.No.33157 +1cc to Mr. K.Raja Srinivas, Advocate SR.No.33200 +1cc to Mr.K.Sridhar, Advocate SR.No.33226 +1cc to Mrs. Veena Suresh, Advocate SR.No.33317 +1cc to the Government Pleader SR.No.33531 W.P. No. 5326 of 2021 MG(CO) RLP(23/07/2021)