Seyed Ismail v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2021 CORAM :

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN W.P.NO.6554 OF 2019 AND W.M.P.NOS.7375 & 7376 OF 2019 Seyed Ismail ... Petitioner Vs.

1. The Member Secretary, CMDA, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

3. The Assistant Executive Engineer, The Town Planning Section - Central Region, No.64, NSK Salai, Kodambakkam, Chennai - 600 024. ... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for records relating to the impugned communication of the 3rd respondent dated 17.09.2018 in so far as it relates to special condition requiring the petitioner to produce draft gift deed for 38.60 Sq.Mts of free land as a pre-condition for planning permission and quash the same as illegal and consequently direct the 3rd respondent to process and grant Planning Permission to Petitioner's property situated at Old No.1/New No.5, Survey No.T.S.No.8/1, Govindan Road, West Mambalam, Chennai - 600033, by considering the petitioner's Application. PPA/WDCN10/06386/ 2018 dated 03.09.2018 without insisting the petitioner to gift a portion of the land measuring 38.60 Sq.mts from his property by way of gift deed.

For Petitioner : Mr.I.Abdul Basith For R1 : Mr.Karthick Rajan Standing Counsel For R2 : Mrs.Karthika Ashok Standing Counsel For R3 : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

(Order of the Court was made by M. SATHYANARAYANAN, J.) (Through Video Conferencing) Learned counsel appearing for the petitioner, on instructions, seeks permission of this Court to withdraw this writ petition, and also undertakes to send an endorsement to that effect, through e-mail, to the Registry of this Court. 2.Heard the submissions of the learned Standing Counsel appearing for the respondents 1 and 2, and the learned Additional Government Pleader appearing for the 3rd respondent also.

3.In the light of the submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn To

1. The Member Secretary, CMDA, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

3. The Assistant Executive Engineer, The Town Planning Section - Central Region, No.64, NSK Salai, Kodambakkam, Chennai - 600 024.

+1cc to Mrs.Karthika Ashok, Advocate, S.R.No.931 W.P.No.6554 of 2019 GSM(CO) CS/05/02/2021