M/S Elk Hill House Owners v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.A. No.477 of 2011 and M.P.No.1 of 2011 M/s.ELK Hill House Owners Association, 123-124, ELK Hill Estate, Coonoor-4, The Nilgiris District, Rep. By its Honorary Secretary.

... Appellant -Vs1. The Commissioner, Coonoor Municipality, Coonoor.

2. The Chairman, Coonoor Municipality, Coonoor.

3. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

4. The Coonoor Construction Company Private Limited, Administrative Office, 3115, 6th Main, 13th Cross, Second Stage, Indira Nagar, Bangalore 560 038, Rep. By its Managing Director.

5. K.Chandran

6. Mohandoss Kishore Menon

7. M.V.Mani

8. Gunasekaran

9. The Director of Town & Country Planning, No.867, Anna Salai, Chennai 600 002.

10.The State of Tamil Nadu, rep. By its Secretary to Govt., Planning and Development Ex-Officio Officer, Tamil Nadu Hill Area Conservation Authority, Fort St. George, Chennai 600 008.

... Respondents Appeal filed under Clause 15 of the Letters Patent against the order dated 22.01.2011 passed in W.P.No.3097 of 2008 on the file of this Court.

W.P.No.3097 of 2008 : Writ Petition praying to issue a Writ of Mandamus, directing the Respondents herein, their men, agents or their subordinates to retain the Common open area at T.S.Nos. 160 and 161 of Coonoor Village, Nilgiris District measuring an extent of 2 acres or thereabouts without putting up any constructions therein for the benefit of the Petitioner Association.

For Appellant :

Mr.R.G.Narendhiran For Respondents :

Mr.K.Prakash for R-1 :

Mr.P.P.Shanmugasundaram for R2 :

Mrs.Srijayanthi, Special Government Pleader for R-3 :

Mr.N.R.R.Arun Natarajan for RR 5 and 6 :

Mr.P.Dineshkumar for RR 7 & 8 :

Mr.S.T.S.Murthi, Government Pleader for RR 9 and 10

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the appellant seeks to withdraw the writ appeal, for which he has circulated a letter to the Registry on 09.06.2016. Endorsement is also made.

2.Writ Appeal, thus, stands dismissed as withdrawn. No costs. Consequently, M.P.No.1 of 2011 also stands dismissed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sra To

1. The Director of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

2. The Director of Town & Country Planning, No.867, Anna Salai, Chennai 600 002.

3. The Secretary to Govt. of Tamil Nadu, Planning and Development Ex-Officio Officer, Tamil Nadu Hill Area Conservation Authority, Fort St. George, Chennai 600 008.

+1cc to Mr.R.G.Narendhiran, Advocate, S.R.No.31827 +1cc to M/s.Uma, Advocate, S.R.No.31873 W.A.No.477 of 2011 MG(CO) CA(21/06/2016)