N.Chitradevi v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Writ Petition No.7560 of 2023 and W.M.P.No.7668 of 2023 1.N.Chitradevi 2.N.Raghuraman .. Petitioners Vs.

1.The Government of Tamil Nadu Represented by its Additional Secretary (Technical) Housing and Urban Development Department Fort St. George Chennai-600 009.

2.The Municipal Commissioner Pallavaram Municipality (Now Tambaram Corporation) 3rd Main Road, Pallavaram New Colony Chrompet, Chennai-600 044.

3.The Member Secretary Town and Country Planning Office Pallavaram Municipality (Now Tambaram Corporation) 3rd Main Road, Pallavaram New Colony Chrompet, Chennai-600 044.

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4.S.Vijaya .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent herein in his letter No.3334452/UD-VII(1)/2022-2, dated 13.01.2023, quash the same and direct the 1st respondent to rehear the revision petition filed by the petitioners dated 10.10.2022 under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971, on merits.

For Petitioners : Mr.S.Sarath Kumar For R1 : Mrs.R.L.Karthika Government Advocate For R2 & R3 : Mr.P.Srinivas Standing Counsel

O R D E R

(Order of the Court was delivered by V.M.VELUMANI,J.) Learned counsel appearing for the petitioners seeks permission of this Court to withdraw this Writ Petition with liberty to file a statutory appeal under Section 452 of the Coimbatore City Municipal Corporation Act before the Standing Committee, Town Planning and made an endorsement to that effect.

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2.Recording the above submissions and endorsement made by the learned counsel appearing for the petitioners, this Writ Petition is dismissed as withdrawn with liberty to the petitioners to file an appeal under Section 452 of the Coimbatore City Municipal Corporation Act before the Standing Committee, Town Planning, within a period of three weeks from the date of receipt of a copy of this order. On such filing, the Standing Committee, Town Planning, is directed to consider the same and dispose of the appeal filed by the petitioners, within a period of four months from the date of receipt of the appeal. Till orders are passed in the appeal, the respondents 1 to 3 are restrained from taking any coercive steps against the petitioners. If no appeal is filed within the time limit granted by this Court, it is open to the respondents 2 & 3 to initiate proceedings as per law. No costs. Consequently, connected Miscellaneous Petition is closed.

(V.M.V., J) (V.L.N., J) 09.03.2023 [2/2] Index : Yes / No kj 3/5

V.M.VELUMANI,J.

and V.LAKSHMINARAYANAN,J.

Kj To 1.The Government of Tamil Nadu Represented by its Additional Secretary (Technical) Housing and Urban Development Department Fort St. George Chennai-600 009.

2.The Municipal Commissioner Pallavaram Municipality (Now Tambaram Corporation) 3rd Main Road, Pallavaram New Colony Chrompet, Chennai-600 044. Writ Petition No.7560 of and W.M.P.No.7668 of 2023 3.The Member Secretary Town and Country Planning Office Pallavaram Municipality (Now Tambaram Corporation) 3rd Main Road, Pallavaram New Colony Chrompet, Chennai-600 044.

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