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Madras High CourtWP/2233/2018dismissed as withdrawal

Srilakshmi @ Shakila v. The Commissioner

2019-02-19Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2019

CORAM

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.2233 of 2018 and WMP.No.2731/18 Srilakshmi @ Shakila .. Petitioner Vs.

1.The Commissioner Pallavaram Municipality Chrompet, Chennai.

2.Jaba Gnanam Theva Prieam 3.Kasiammal 4.The Sub Registrar Sub Registrar Office Kodambakkam, Chennai.

5.The Assistant Engineer TNEB Office, Pallavaram Chennai.

.. Respondents (Respondents 4 and 5 impleaded vide order dated 13.4.2018 passed in WMP.5179 of 2018) PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the first respondent to demolish the unauthorised construction made in parking area comprised in Survey No.361/13 and 361/2 by the second respondent, mentioned parking area in sanctioned plan vide PPA.No.45/96 F1, dated 2.2.1996, PPL. o.62/96F1/dt.2.2.1996.

For Petitioner : Mr.M.Pari For Respondents : Mr.P.Srinivas for 1st respondent Mr.M.L.Ramesh for 2nd respondent Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for 4th respondent No appearance for 5th respondent Not ready in notice for 3rd respondent

ORDER

The learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file a fresh writ petition as and when the petitioner comes in possession of original approved plan to support the claim made by her that there is unauthorised construction made in the parking area comprised in Survey No.361/13 and 361/2 at Jamin Pallavaram, Chennai. He has also made an endorsement to that effect.

In view of the prayer made, the writ petition is allowed to be withdrawn with liberty to file fresh writ petition as prayed. No costs. Consequently, W.M.P.No.2731 of 2018 is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar sasi To 1.The Commissioner Pallavaram Municipality Chrompet, Chennai.

2.The Sub Registrar Sub Registrar Office Kodambakkam, Chennai.

3.The Assistant Engineer TNEB Office, Pallavaram Chennai.

+1cc to Mr.P.Srinivas, Advocate, S.R.No.15495 +1cc to Mr.M.L.Ramesh, Advocate, S.R.No.14937 W.P.No.2233 of 2018 SSV(CO) rrs 13/03/2019