Farm Grove Srinivasa Nagar v. The State Of Tamil Nadu
IN THE HIGH COURTz OF JUDICATURE AT MADRAS
DATED : 23.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.166 of 2018 and C.M.P.No.957 of 2018 Farm grove Srinivasa Nagar Owners and Residents Welfare Association, represented herein by its Secretary Mr.V.S.Ramakrishnan Plot No.188-189, Farm grove Srinivasa Nagar, Kazhipathur Village, Kancheepuram - 603 103.
.... Petitioner/ Appellant -vs1. The State of Tamil Nadu rep. By Secretary to Government, Rural Development, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Collector's Office, Kancheepuram.
3. The Tahsildar, Thiruporur Taluk, Thiruporur.
4. The Director of Town and Country Planning, Directorate of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
5. The President, Padur Panchayat Union, Padur - 603 103.
6. The President, Muttukadu Panchayat Union, Old Mahabalipuram Road, Egattur, Chennai - 603 103.
7. Sri.Kshipra Ganapathy Thiru Koil Trust, represented by its Managing Trustee, Mr.T.Srinivasan
8. Sri Balachandra Builders Pvt. Ltd., represented by its Managing Director Mr.T.Srinivasan
9. Tranquil Garden Plot Owners Association, rep. By its President, H103/1, Suksagar Apats, III Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai - 600 041.
.... Respondents/ Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.17093 of 2016 dated 07.12.2017.
Prayer in W.P.No17093/2016 Petition filed under Article 226 of the Constitution of India, Praying to issue a Writ of Certiorarified Mandamus,calling for the file and records of the 3rd respondent relating to and culminating into the order date 22/04/2016 Passed in Proceedings Na.Ca.No.1186/2016/A2 and Quash the same and consequently direct the 8th respondent to cancel the gift deeds registered as Documents Nos.8187 and 8188 both dated 08.08.2007 and also Document No.3849/2008 dated 28.05.2008, so as to restore the roads with Petitioner Association in terms of clause 7 of the Development Agreement (Prayer amended as per order 07/12/2017 in WMP.18058/2016 in WP 17093/2016) For Appellant :Mr.J.Madhanagopal Roa For Respondents:Mr.V.Anandhamoorthy,AGP - R1 to R4 Mr.S.Udhayakumar - R7 & R8 Mrs.V.J.Latha - R9 R5 & R6 - No appearance
J U D G M E N T
[Judgment of the Court was delivered by K.K.SASIDHARAN,J.] The learned counsel on record for the appellant/Writ Petitioner made endorsement indicating that he is withdrawing the Writ Petition and would remove the gate forthwith without prejudice to the right of the concerned members/association to
approach the appropriate authority for appropriate relief.
2. In view of the endorsement so made, the Writ Petition is dismissed as withdrawn.
3. In view of the dismissal of the Writ Petition, nothing further survives for adjudication in the Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar SI To
1. The State of Tamil Nadu rep. By Secretary to Government, Rural Development, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Collector's Office, Kancheepuram.
3. The Tahsildar, Thiruporur Taluk, Thiruporur.
4. The Director of Town and Country Planning, Directorate of Town and Country Planning, 807, Anna Salai, Chennai - 600 002.
+1cc to Ms.V.J.Latha, Advocate, S.R.No.48837. +1cc to Mr.G.Sundaram, Advocate, S.R.No.48889. +1cc to Mr.G.Sundaram, Advocate, S.R.No.48889(07/08/2018) +1cc to Mr.S.Udayakumar, Advocate, S.R.No.49203. +1cc to the Government Pleader, S.R.No. 49372. W.A.No.166 of 2018 and C.M.P.No.957 of 2018 MR (CO) BM 06/08/2018.