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Madras High CourtWP/7534/2024withdrawn dismissed

R.Rani v. The Director Of Town Panchayat

2024-03-22Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 8450 of 2024 R.Rani ... Petitioner -vs1. The Director of Town Panchayat, Directorate of Town Panchayat, Urban Administrative Office Campus, Chennai - 600 028.

2. The Assistant Director of Panchayat, Coimbatore Zone, 3rd Floor, Collectorate,

3. The President,

4. The Executive Officer, ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Second to Fourth Respondents from giving planning permission or approval for construction of 1/5

building in the Petitioner's property situated at SF. No. 268 & 266/1, Vellaloor Village, Kanchikonapalayam, Madukarai, Coimbatore District to an extent of 2.13 acres to any of the third parties.

For Petitioner :

Mr. R.Ramachandran For Respondents :

Mr. V.Ravi, Special Government Pleader (for R1 & R2) Mr. S.Prabhakaran, Government Advocate (for R3 & R4)

O R D E R

Heard Mr. R.Ramachandran, Learned Counsel for the Petitioner, Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the First and Second Respondents, and Mr. S.Prabhakaran, Learned Government Advocate, who takes notice for the Third and Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

Since it has been brought to notice that the Petitioner has already filed a suit in O.S. No. 44 of 2023 before the District Munsif Court, Madukkarai, Coimbatore, relating to the property and he could seek the relief sought in this Writ Petition in that proceeding itself, Learned Counsel for the Petitioner seeks 2/5

permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to resort to that procedure raising all contentions in that regard and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

22.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 03.04.2024.

vjt To

1. The Director of Town Panchayat, Directorate of Town Panchayat, Urban Administrative Office Campus, Chennai - 600 028.

2. The Assistant Director of Panchayat, Coimbatore Zone, 3rd Floor, Collectorate,

3. The President, 3/5

4. The Executive Officer, 4/5

P.D. AUDIKESAVALU, J.

vjt 22.03.2024 5/5