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Madras High CourtWP/7867/2024withdrawn dismissed

Sri Sp Enterprises v. The Principal Secretary

2024-03-25Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Sri SP Enterprises Rep. by its Proprietor N.Rajesh Kumar Lalwani S/o. Navaratanmul Lalwani No.16, Ayya Mudali Street Sowcarpet, Chennai - 600079.

... Petitioner -vs1. The Principal Secretary Municipal and Urban Development Department Fort St. George, Secretariat Chennai - 600009.

2. The Principal Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600003.

3. The Assistant Commissioner Greater Chennai Corporation Zone - 11, Valasaralvakkam Chennai.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent herein to consider Petitioner representation dated 14.03.2024, requesting not to 1/4

install new bus stop in front the Petitioner petrol bunk, 'Sri SP Enterprises, situate at Survey Nos. 38 & 39/2, Maduravoyal Village, Chennai - 600095, within the time frame to be fixed by this Court. For Petitioner :

Mr. G.Krishnamurthy For Respondents :

Ms. K.Ashwini Devi

O R D E R

Heard Mr. G.Krishnamurthy, Learned Counsel for the Petitioner and Ms. Learned Counsel who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for directing the Third Respondent to consider the representation dated 14.03.2024 made by the Petitioner requesting not to install new bus stop in front of petrol bunk of the Petitioner, viz., Sri SP Enterprises situate at Survey Nos. 38 & 39/2, Maduravoyal Village, Chennai. 3.

When it was pointed out that the land mentioned by the Petitioner belongs to the Highways Department and it is not under the control of the Second and Third Respondents, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the 2/4

Petitioner to work out his remedies before the proper forum in the manner recognized by law, and he has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarification. Consequently, the connected Miscellaneous Petition is closed. No costs.

25.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 23.04.2024.

Maya To

1. The Principal Secretary Municipal and Urban Development Department Fort St. George, Secretariat Chennai - 600009.

2. The Principal Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600003.

3. The Assistant Commissioner Greater Chennai Corporation Zone - 11, Valasaralvakkam Chennai.

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P.D. AUDIKESAVALU, J.

Maya 25.03.2024 4/4