M/S.Transport Corpn. Of India v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:14.03.2018 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE S.VAIDYANATHAN W.P.Nos.222 & 223 of 2018 and W.M.P.Nos.296 & 297 of 2018 M/s.Transport Corporation of India Limited, Public Limited Company incorporated under the Companies Act, 1956, Registered office at Flat No.306 & 307 1-8-271 to 273, 3rd Floor, Ahoka Bhoopal Chambers, S.P.Road, Secunderabad, 500 003 (Telegana), Represented by its General Manager /Authorized Signatory, Mr.A.Krishna Kumar, Regional Office at Door No.92, I Floor, GEE GEE CRYSTAL BUILDING, Dr.R.K.Salai, Mylapore, Chennai - 600 004.

... Petitioner in both Wps.

Vs.

1.State of Tamil Nadu, Rep. By its Secretary, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director, Town and Country Planning, Directorate of Town and Country Planning Department, Opposite to LIC, Chengalvarayan Building Fourth Floor, 807, Anna Salai, Chennai - 600 002.

3.The Assistant Director (Incharge), Town and Country Planning, Chengalpet Zone, No.124, G.S.T. Road, Municipality Commercial, Chengalpet - 603 001.

... Respondents in both Wps Prayer in W.P.No.222/2018: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the third respondent locking and sealing of the premises in S.Nos.105/6B, 105/10A2, 105/10B, 117/6B and 117/6B at bearing No.155, NH-4 Chennai - Bangalore High Way

Mambakkam Village, Sriperumbudir Taluk, Kancheepuram in pursuant to the impugned notice issued U/s.85 R/w. Section 56 & 57 and Section 49/47 of Town and Country Planning Act, 1972 in Ref.Na.Ka.No.2000/2016, dated 21.11.2017 on the file of third respondent pending disposal of the petitioners Appeal dated 11.12.2017 on the file of second respondent filed U/S 76 of Town and Country Planning Act 1971 to annul the demand of infrastructure and amenities charges U/S 63B of Town and Country Planning Act issued U/S 85 R/W Section 56& 57 and Section 49/47 of Town and Country Planning Act, in Ref.Na.Ka.No.2000/2016, dated 21.11.2017.

Prayer in W.P.No.223/2018: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the third respondent locking and sealing of the premises in S.Nos.105/6B, 105/10A2, 105/10B, 117/3B and 117/6B at bearing No.155, NH-4 Chennai - Bangalore High Way Mambakkam Village, Sriperumbudir Taluk, Kancheepuram in pursuant to the impugned notice issued U/s.85 R/w. Section 56 & 57 and Section 49/47 of Town and Country Planning Act, 1972 in Ref.Na.Ka.No.2000/2016, dated 21.11.2017 on the file of third respondent pending disposal of the petitioners Revision dated 11.12.2017 on the file of first respondent filed U/S 80A of Town and Country Planning Act 1971 to annul/set aside the notice issued by third respondent U/S.85 R/W. Section 56& 57 and Section 49/47 of Town and Country Planning Act, 1972 in Ref.Na.Ka.No.2000/2016, dated 21.11.2017 declaration of the construction at No.155, NH-4, Chennai - Bangalore High Way Mambakkam Village, Sriperumbudur Taluk, Kancheepuram as unauthorised.

For Petitioner : Mr.J.R.K.Bhavanantham For Respondents : Mr.R.Udhayakumar Additional Government Pleader COMMON ORDER [Order of the Court was made by M.VENUGOPAL, J.] The Learned Counsel for the Petitioner has made the following endorsement in W.P.No.222 of 2018: "In view of admission made in the counter affidavit filed on 14.03.2018 that as the petitioner has got approval for his site, the respondent decided to withdraw the notice issued for unauthorised construction, the Petitioner is not pressing the WPs."

2.Recording the aforesaid fact and the endorsement so made, the Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Sgl To

1. The Secretary to Govt. Of Tamil Nadu Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director, Town and Country Planning, Directorate of Town and Country Planning Department, Opposite to LIC, Chengalvarayan Building Fourth Floor, 807, Anna Salai, Chennai - 600 002.

3.The Assistant Director (Incharge), Town and Country Planning, Chengalpet Zone, No.124, G.S.T. Road, Municipality Commercial Chengalpet - 603 001.

+2 Ccs to Mr.J.R.K. Bhavanantham, advocate sr 19479, 19478. +1 CC to Govt. Pleader sr 20073 W.P.Nos.222 & 223 of 2018 GJ(CO) SP(03/04/2018)