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Madras High CourtWP/28856/2012withdrawn dismissed

Sundaram Colony Association v. State Of Tamil Nadu

2024-09-23Honourable Mr Justice G.K. Ilanthiraiyan10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P.Nos.1, 1 of 2012, 1, 1 and 2 of 2013 W.P.Nos.28856 and 28857 of 2012:- Sundaram Colony Association, represented its Secretary D.S.Madhavan

...Petitioner

-Vs1. State of Tamil Nadu represented by Commissioner and Secretary to Government, Housing and Urban Development Department, Chennai - 600 009.

2. The Tambaram Municipality, represented by its Commissioner, Chennai.

3. Chennai Metropolitan Development Authority, Chennai.

4. The Director, Town and Country Planning, Anna Salai, Chennai 600 002.

5. V.Krishnamurthy

6. S.Usha

7. T.Usha

8. A.M.Thangam

9. T.P.Rangachari

10. S.Sathyamoorthy (R5 to R10 impleaded as per order dated 06.11.2012 in M.P.Nos.2 of 2012 and 2 of 2012 in W.P.Nos.28856 and 28857 of 2012)

11. Suvasini Apartment Owners Association- Tambram, regd.SI.No.344/2017, represented by its President T.Rajan (R11 impleaded vide order dated 04.03.2022 made in W.M.P.Nos.24314 and 24315 of 2019 in W.P.Nos.28856 and 28857 of 2012) ... Respondents Prayer in W.P.No.28856 of 2012: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the third respondent to consider the petitioner representation dated 26.09.2012 and pass suitable order in the said representation after granting a personal hearing before passing any order.

Prayer in W.P.No.28857 of 2012: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 29.08.2012 and pass suitable order in the said representation after granting a personal hearing before passing any order.

In W.P.No.28856 of 2012

For Petitioner : Mr.R.Venkatraman For R1 and R4 : Mr.C.Kathiravan Special Government Pleader For R2 : Mr.B.Anand For R3 : Mrs.K.Mageswari Standing counsel For R5 : Mr.R.Natarajan For R9 : Mr.K.S.Lakshmi Kumaran For R11 : Mr.T.S.Baskaran In W.P.No.28857 of 2012 For Petitioner : Mr.R.Venkatraman For R1 and R4 : Mr.C.Kathiravan Special Government Pleader For R2 : Mr.B.Anand For R3 : Mrs.K.Mageswari Standing counsel For R5 : Mr.R.Natarajan For R6 and R7 : Mr.K.V.Subramanian For R9 : Mr.K.S.Lakshmi Kumaran For R11 : Mr.T.S.Baskaran W.P.No.11367 of 2013:-

1. D.S.Madhavan

2. R.Rajamani

3. S.V.Balasubramaniam

4. O.R.Venkataraman

...Petitioners

-Vs1. State of Tamil Nadu represented by Commissioner and Secretary to Government, Housing and Urban Development Department, Chennai - 600 009.

2. The Tambaram Municipality,

represented by its Commissioner, Chennai.

3. Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai.

4. The Director, Town and Country Planning, Anna Salai, Chennai 600 002.

5. V.Krishnamurthy

6. S.Usha

7. T.Usha

8. A.M.Thangam

9. T.P.Rangachari

10. S.Sathyamoorthy

11. Suvasini Apartment Owners Association- Tambram, regd.SI.No.344/2017, represented by its President T.Rajan (R11 impleaded vide order dated 04.03.2022 made in W.M.P.No.24323 of 2019 in W.P.No.11367 of 2013) ... Respondents Prayer in W.P.No.11367 of 2013: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Certiorari, to call for the records on the file of the 3rd respondent in his reference in B/SP1/Bldg/ 28/A to C/2012 dated 21.09.2012 quash the same as illegal. For Petitioners : Mr.R.Venkatraman For R1 and R4 : Mr.C.Kathiravan

Special Government Pleader For R2 : Mr.B.Anand For R3 : Mrs.K.Mageswari Standing counsel For R5 : Mr.R.Natarajan For R11 : Mr.T.S.Baskaran W.P.No.26255 of 2013:-

1. D.S.Madhavan

2. R.Rajamani

...Petitioners

-Vs1. State of Tamil Nadu represented by Commissioner and Secretary to Government, Housing and Urban Development Department, Chennai - 600 009.

2. The Tambaram Municipality, represented by its Commissioner, Chennai.

3. Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai.

4. The Director, Town and Country Planning, Anna Salai, Chennai 600 002.

5. The Collector, Kancheepuram District Collectorate, Kancheepuram.

6. V.Krishnamurthy

7. S.Usha

8. T.Usha

9. A.M.Thangam

10. T.P.Rangachari

11. S.Sathyamoorthy

12. Suvasini Apartment Owners Association- Tambram, regd.SI.No.344/2017, represented by its President T.Rajan (R12 impleaded vide order dated 04.03.2022 made in W.M.P.No.24334 of 2019 in W.P.No.26255 of 2013) ... Respondents Prayer in W.P.No.26255 of 2013: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the second and third respondents to consider petitioner's representation dated 07.04.2013 and pass suitable order in the said representation after granting a personal hearing before passing any order.

For Petitioners : Mr.R.Venkatraman For R1, R4 and R5 : Mr.C.Kathiravan Special Government Pleader For R3 : Mrs.K.Mageswari Standing counsel For R6 : Mr.R.Natarajan For R9 : Mr.V.Srikanth For R10 : Mr.K.S.Lakshmi Kumaran COMMON

ORDER

W.P.No.28856 of 2012 has been filed for direction directing the third

respondent to consider the petitioner representation dated 26.09.2012 and pass suitable order.

2. W.P.No.28857 of 2012 has been filed for direction directing the second respondent to consider the petitioner's representation dated 29.08.2012 and pass suitable order.

3. W.P.No.11367 of 2013 has been filed calling for the records on the file of the 3rd respondent in his reference in B/SP1/Bldg/ 28/A to C/2012 dated 21.09.2012 and quash the same as illegal.

4. W.P.No.26255 of 2013 has been filed for direction directing the second and third respondents to consider petitioner's representation dated 07.04.2013 and pass suitable order.

5. When the matter is taken up for hearing, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw these petitions. The learned counsel has also made an endorsement in the Court bundle, today, to that effect.

6. In view of the above submission and the endorsement made by the learned counsel for the petitioners, these writ petitions are dismissed as withdrawn. Consequently, connected Miscellaneous petitions are closed. No costs.

23.09.2024 Internet: Yes/No Index : Yes/No Speaking/Non Speaking order mn

To

1. The Commissioner and Secretary to Government, State of Tamil Nadu Housing and Urban Development Department, Chennai - 600 009.

2. The Tambaram Municipality, represented by its Commissioner, Chennai.

3. Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai.

4. The Director, Town and Country Planning, Anna Salai, Chennai 600 002.

5. The Collector, Kancheepuram District Collectorate, Kancheepuram.

G.K.ILANTHIRAIYAN. J, mn W.P.Nos.28856 and 28857 of 2012 & 11367 and 26255 of 2013 23.09.2024