G.Deivakadaksham v. Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29/10/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.13843 of 2015 G. Deivakadaksham ... Petitioner Vs

1. Chennai Metropolitan Development Authority rep. By its Member Secretary No.1 Gandhi Irwin Road Egmore Chennai 600 008.

2. The Corporation of Chennai rep. By its Commissioner

3. The Additional Deputy Commissioner (Works)

4. The Regional Joint Commissioner Zonal Office - Central No.12 B Pulla Avenue Thiru-vi-ka Park Shenoy Nagar

5. Mr.Iniyan Assistant Executive Engineer 1775 I Block, 5th Street Anna Nagar (West) Chennai 600 040.

6. M/s.Latha Construction rep. By its Proprietrix Mrs.Dhanalatha having office at Flat No.D 2 Third Floor 28/4 First Main Road East Shenoy Nagar

7. P. Venugopal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 5 to demolish and permanently remove the illegal, unsanctioned and unauthorised construction put up by the sixth respondent at No.105 Old No.28 B, New No.119, 120 Pillaiyar Koil Street, Arumbakkam, Chennai 600 106, front Door No.127 Panchaliamman Koil Street, Arumbakkam, Chennai 600 106, consisting of four floors and 60 flats with car parking in the basement.

For petitioner : Mr.R.Thiagarajan For respondents :

Mr.K.Raja Srinivas for R.1 Mrs.Karthikaa Ashok for R.R.2 to 4.

Mr.M.Sundaramurthy for R.5.

Mr.P.Vasudevan for R.6 Mr.R.Mohan for R.7

O R D E R

(Delivered by SATISH K. AGNIHOTRI,J.,) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition and makes an endorsement to that effect, as under:

"The petitioner seeks the leave of this Hon'ble Court to withdraw the present writ petition in view of the order passed by the Housing and Urban Development Department, Chennai 9 in its proceedings Lr.No.5900/UD6 (1)/2015-1 dated 12/10/2015 and renew the plea to challenge any order that may be passed by the Government in respect of the subject matter of the writ petition."

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as aforestated, if so advised. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mvs.

To

1. The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai 600 008.

2. The Commissioner

3. The Additional Deputy Commissioner (Works)

4. The Regional Joint Commissioner Zonal Office - Central No.12 B Pulla Avenue Thiru-vi-ka Park Shenoy Nagar

5. Assistant Executive Engineer 1775 I Block, 5th Street Anna Nagar (West) Chennai 600 040.

+1cc to Mrs.Karthikaa Ashok, Advocate, S.R.No.59043 +1cc to Mr.K.Raja Srinivas, Advocate, S.R.No.59024 +1cc to Mr.R.Mohan, Advocate, S.R.No.58862 +1cc to Mr.R.Thiagarajan, Advocate, S.R.No.59833 W.P. No.13843 of 2015 VD(CO) CA(24/11/2015)