← Library
Madras High CourtWP/563/2010withdrawn dismissed

Shujahi K.M. Ibrahim v. The Government Of Tamilnadu

2017-01-09Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.563 of 2010 & 19948 of 2009 and M.P.Nos.2 of 2010 & 2 of 2009 W.P.No.563 of 2010 Shujahi K.M.Ibrahim ... Petitioner -Vs1. The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Secretariat, Chennai-9.

2. Chennai Metropolitan Development Authority, rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-8.

... Respondents W.P.No.19948 of 2009 1.S.Lathakumari 2.V.Santhoshkumari ... Petitioners -Vs1. The Government of Tamil Nadu, rep. by its Secretary, Housing and Urban Development Department, Secretariat, Chennai-9.

2. Chennai Metropolitan Development Authority, rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

... Respondents Writ Petition No.563 of 2010 filed under Article 226 of the Constitution of India praying for issue of Writ of

Certiorarified Mandamus calling for the records of the 1st respondent vide proceedings G.O.(2D) No.152 dated 12.6.2009 rejecting the petitioner appeal for grant of planning permission in respect of the property situated in T.S.No.9287, Block No.137, New Door No.85 (Old Door No.14), Deenadayalam street, T.Nagar, Chennai-17 quash the same and consequentially directing the respondents to grant planning permission in respect of petitioner property.

Writ Petition No.19948 of 2009 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 1st respondent vide proceedings G.O.(3D) No.79 dated 21.08.2009 in rejecting the petitioners appeal petition for grant of planning permission by regularising the building put up at Plot Nos.124A to 126A (since re-constituted into a single unit), Burma Indian Co-operative Housing Constructions Society Limited, Old Mahabalipuram Road, Palavakkam, Chennai comprised in S.No.136/1 (part) confirming the orders passed by the 2nd respondent dated 17.10.2005 in letter No.B1/4673/2005 by quashing the same and consequently direct the respondents to accord planning permission by regularising the constructions put up by the petitioners in the aforementioned property.

For Petitioner :

Mr.E.Vijay Anand in W.P.563 of 2010 Mr.R.Mohan in W.P.19948 of 2009 For Respondents :

Mr.K.Rajasrinivas for R2 in both WPs.

No appearance for R1 in both WPs.

COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The learned counsels for the petitioner seek to withdraw the writ petitions. Endorsement has been made.

2. The writ petitions are dismissed as withdrawn. No costs. Consequently, M.P.No.2 of 2010 & 2 of 2009 are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

bbr To

1. The Secretary, Housing and Urban Development Department, Secretariat, Chennai-9.

2. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8.

+2cc's to Mr.N.Sampath, Advocate, S.R.Nos.1766 & 1765 +1cc to Mr.K.Rajashrinivas, Advocate, S.R.No.1915 +1cc to the Government Pleader, S.R.No.2099 W.P.No.563 of 2010 & 19948 of 2009 CA(CO) CA(23/01/2017)