Madras High CourtWP/25497/2013dismissed for nonprosecution

B.Balakrishnan @ Parthe v. The Commissioner

2023-07-10Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA and M.P.Nos.1 & 2 of 2013 B.Balakrishnan @ Parthe Baskar ... Petitioner Vs.

1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai - 600 003.

2. The Executive Engineer, Zone-VIII, Corporation of Chennai, Shenoy Nagar, Chennai - 600 030.

3. M/s. Ozone Project Pvt Ltd., Ozone Projects Private Ltd., represented by its Managing Director, No.63, G.N.Chetty Road, T.Nagar, Chennai - 600 017.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to Page 1/4

issue a Writ of Mandamus to forbear the 3rd respondent from in any way developing the construction in survey Nos.229/1A (T.S.No.1/1 in Block

26) measuring to an extent of 1.76 acres and Survey No.230/7A (T.S.No.3/2 in block 27) to an extent of 3.00 acres which is part of the 3rd respondent project "Metrozone" comprised in T.S.Nos.1, 1/2, & 2/4 of Block No.26, T.S.No.3/2 of Block No.27, in Koyambedu village, Egmore-Nungambakkam Taluk, Division 99, Zone VIII of Corporation of Chennai till the representation of the petitioner is considered. For Petitioner : No appearance For Respondents : Mr.D.B.R.Prabhu Standing Counsel for Corporation for R1 & R2 No appearance for R3.

O R D E R

When the matter was called on 03.07.2023, learned counsel, who appeared on behalf of the petitioner stated that he had already given change of Vakalat. Therefore, Registry was directed to verify as to whether any other counsel had entered appearance for the petitioner or else, print the name of the petitioner. Today, the name of the petitioner is printed in the cause list. There is no appearance for the petitioner. Page 2/4

Hence, this Court has no other option except to dismiss the writ petition for non-prosecution. Accordingly, this Writ Petition is dismissed for nonprosecution. No costs. Consequently, connected miscellaneous petitions are closed.

(J.N.B,J.) (N.M., J.) Index : Yes / No 10.07.2023 vsi To

1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Chennai - 600 003.

2. The Executive Engineer, Zone-VIII, Corporation of Chennai, Shenoy Nagar, Chennai - 600 030.

Page 3/4

J. NISHA BANU, J.

and N.MALA,J.

vsi 10.07.2023 Page 4/4