Dr.U.Rama Rao v. The Corporation Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.11740 of 2019 Dr.U.Rama Rao ... Petitioner Vs 1 The Corporation of Chennai Rep. by its Commissioner Rippon Buildings Chennai - 3.

2 The Executive Engineer Zone V, Corporation of Chenai Chennai.

3 The Assistant Executive Engineer Unit XIII, Corporation of Chennai Chennai 4 The Assistant Engineer - Div.060 Corporation of Chennai Chennai.

5 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Thalamuthu Natarajan Maligai Egmore, Chennai - 08.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of certiorari calling for the records from the file of the respondents relating to the impugned notice dated 01.04.2019 issued by respondents 2 to 4 in letter No.05/5377/2019 and quash the same.

For Petitioner : Mr.T.Sai Krishnan For Respondents : Mr.V.C.Selvasekaran for respondents 1 to 4 Mr.P.S.Ganesh for 5th respondent

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.T.Sai Krishnan, learned counsel counsel for the petitioner; Mr.V.C.Selvasekaran, learned counsel for respondents 1 to 4 and Mr.P.S.Ganesh, learned counsel for the fifth respondent.

2. The petitioner is seeking quashing of notice dated 1.4.2019 issued by respondents 2 to 4. The said notice is a De-occupation notice which is issued under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971. The said notice pertains to building at Door No.112/229, Thambu Chetty Street, Mannady, Chennai - 600 001.

3. The learned counsel for the respondent Corporation has stated that they are withdrawing the said notice and a fresh notice will be issued to the petitioner in accordance with law.

4. In view of the statement made by the learned counsel for the respondent Corporation that they are withdrawing the notice dated 1.4.2019, nothing survives for adjudication in this petition. Hence, the petition is dismissed, however, with liberty to the respondent Corporation to issue fresh notice in accordance with law. No costs. Consequently, W.M.P.No.11951 of 2019 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To:

1 The Commissioner Corporation of Chennai Rippon Buildings Chennai - 3.

2 The Executive Engineer Zone V, Corporation of Chenai Chennai.

3 The Assistant Executive Engineer Unit XIII, Corporation of Chennai Chennai 4 The Assistant Engineer - Div.060 Corporation of Chennai Chennai.

5 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Thalamuthu Natarajan Maligai Egmore, Chennai - 08.

+1cc to M/S.T.Sai Krishnan, Advocate Sr.38052 W.P.No.11740 of 2019 kj[co] srg 30/05/2019