Kurichi Housing Unit, Phase Ii v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17/8/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.25320 of 2015 Kurichi Housing Unit Phase II Welfare Association of Residents rep. By its President Mr.M.Chandrasekaran B 394 Kurichi Housing Unit Phase II Industrial Estate Post Coimbatore 641 021.

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Petitioner Vs

1. The District Collector Coimbatore District

2. The Tahsildar Coimbatore South Madukkarai Market Coimbatore District 641 105.

3. The Commissioner Coimbatore Corporation Town Hall Coimbatore 641 001.

4. The Director of Town and Country Planning 807 Anna Salai Chennai 600 002.

5. The Secretary Kurichi Pudu Nagar Development Authority Dr. Nanchappa Road Corporation Commercial Plaza ...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 4

herein to initiate action to remove the encroachment in 100 feet road located in the Northern side of the Kurichi Housing Unit, Phase II and retore the above 100 feet road and all the areas earmarked for the roads and reserved sites in approved layout plan of LPI/DTP/2/71 at Kurichi Housing Unit, Phase II, Sidco Industrial Estate, Coimbatore 641 021.

For petitioner : Mr.G.Nagarajan For respondents: Mr.N.Sakthivel, GA for R.R.1, 2 and 4.

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O R D E R

(Order of the Court was made by SATISH K. AGNIHOTRI,J.,) Learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to file proper petition and makes an endorsement to that effect, as under: "The petitioner may be permitted to withdraw the writ petition with liberty to file another writ petition in the event of the eviction to be initiated by the fourth respondent is not taken proper action including the removal of encroachment."

2. In view of the above, the writ petition is dismissed as withdrawn with liberty, as aforestated, if so advised, under the provisions of law. No costs.

s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The District Collector Coimbatore District

2. The Tahsildar Coimbatore South Madukkarai Market Coimbatore District 641 105.

3. The Commissioner Coimbatore Corporation Town Hall Coimbatore 641 001.

4. The Director of Town and Country Planning 807 Anna Salai Chennai 600 002.

5. The Secretary Kurichi Pudu Nagar Development Authority Dr. Nanchappa Road Corporation Commercial Plaza + 1 cc to Govt.Pleader, High Court, Madras SR 43572 + 1cc to M/s.G.Nagarajan, Advocate SR 43431 ppa(co) prk3/9 W.P. No.25320 of 2015