Madras High CourtWP/18599/2011withdrawn dismissed

P. Saraswathy v. The State Of Tamilnadu

2016-12-05Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.18599 of 2011 and M.P.No.1 of 2011 1.P.Saraswathy (died) 2.L.Periyanayagi 3.P.Visalakshi 4.P.Swaminathan 5.P.Natarajan 6.P.Kanakarajan ... Petitioners (P2 to P6 substituted as LRs as per orders in M.P.Nos.1 of 2011 & 1 of 2012 in W.P.Nos.18599 & 18605 of 2011 dated 30.08.2012) -Vs1. The State of Tamil Nadu, rep. by its Chief Secretary, Secretariat, Chennai.

2. Ministry of Housing & Urban Development, rep. by its Secretary, Secretariat, Chennai.

3. Directorate of Town and Country Planning, rep. by its Director, No.807, Anna Salai, Chennai-600 002.

4. The Chennai Metropolitan Development Authority, rep. by its Chairman, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

5.The Corporation of Chennai, rep. by its Commissioner, Rippon Buildings, Chennai.

... Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Declaration, declaring the Section 56(2A) in Tamilnadu Town & Country Planning Act, 1971 as unconstitutional and ultra vires and consequently struck down the same.

For Petitioner :

Mr.D.Ravichander For Respondents :

Mr.T.N.Rajagopalan Special Government Pleader for R1 & R3 Mr.K.Rajasrinivas for R4 Mr.A.Kumaraguru for R2 Ms.Karthika Ashok for R5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioners seeks to withdraw the writ petition. Endorsement has been made.

2. The writ petition is dismissed as withdrawn. No costs. Consequently, M.P.No.1 of 2011 is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To

1. The Chief Secretary, Government of Tamilnadu, Secretariat, Chennai.

2. The Secretary, Ministry of Housing & Urban Development, Secretariat, Chennai.

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

4. The Chairman, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

5. The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

+1cc to the Government Pleader, S.R.No.71851 W.P.No.18599 of 2011 RP(CO) CA(01/02/2017)