Madras High CourtWP/28184/2013dismissed

Tmt.K.Jeeva Kumar, v. The Director Town And Country

2019-12-11Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.28184 of 2013 and M.P.Nos. 1 to 4 of 2013 and M.P.No.1 of 2014 and M.P.No.1 of 2015 Tmt. K.Jeeva Kumar .. Petitioner -vs1. The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

2. The President Navalur Village Panchayat, Navalur, Chengalpet Taluk, Kancheepuram District.

3. M.Suresh Kumar Kankariya

4. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 028.

5. The Sub-Registrar, Thiruporur, Kancheepuram District.

6. Mohanlal Kankaria

7. Mrs. Nisha Jain

8. Sohan Kuwar

9. S. Vijaya .. Respondents [RR6 to 9 are impleaded as per order dated 06.03.2017 in M.P.Nos. 2 to 5 of 2015] Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, call for the records of the second respondent and quash the resolution No.20 of 2003 dated 09.07.2003 which was passed without following the procedure and Rule-3 of the G.O.(Ms). No.255 Rural Development (C2) Department dated 18.08.1997 and directed the first and second respondent not to grant approval to the Suresh Nagar layout in future since the third respondent

fraudulently misused the cancelled power of attorney of the petitioner's mother and grabbed the property of the petitioner's family.

For Petitioner : Mr. M.Jayapal Rajan For Respondents : Ms. A.Sri Jayanthi, Special Govt. Pleader [R1, R4, R5] Ms.M.Kalyani [R2] Mr.K.V.Bhashyam Chari [R3] Mr.M.Balakrishnan [R6 to R9]

ORDER

Heard Mr.M.Jayapal Rajan, learned counsel for the petitioner and Ms.A.Sri Jayanthi, learned Special Government Pleader for respondents 1, 4 and 5, Ms.M.Kalyani, learned counsel for respondents for second respondent, Mr.K.V.Bhashyam Chari, learned counsel for third respondent and Mr.M.Balakrishnan, learned counsel for respondents 6 to 9.

2. It is submitted by the learned counsel for the petitioner that during the pendency of the writ petition, the No Objection Certificate, which was granted in favour of the 3rd respondent by the second respondent has been cancelled by the first respondent vide proceedings dated 07.08.2015. Therefore, it is submitted by the learned counsel for the petitioner as well as the learned counsel for the private respondents that nothing survives for adjudication in this writ petition.

3. Accordingly the same is recorded and the writ petition is dismissed. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-Insp.cell) //True copy// Sub Assistant Registrar mp To

1. The Director of Town and Country Planning, No.807, Anna Salai, Chennai - 600 002.

2. The President Navalur Village Panchayat, Navalur, Chengalpet Taluk, Kancheepuram District.

3. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 028.

4. The Sub-Registrar, Thiruporur, Kancheepuram District.

+1cc to Mr.K.V.Bhashyam Chari, Advocate SR.No.103736 +1cc to Government Pleader SR.No.103683 W.P.Nos.28184 of 2013 and M.P.Nos. 1 to 4 of 2013 and M.P.No.1 of 2014 and M.P.No.1 of 2015 GJ(CO) GMY(28/01/2020)