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Madras High CourtWP/13414/2020withdrawn dismissed

J.Samson Balraj v. The Commissioner

2024-03-25Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU J.Samson Balraj ... Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Ripon Building, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai, Tamil Nadu - 600 003.

2. The Regional Deputy Commissioner (North), Greater Chennai Corporation, Zone - 5, (Royapuram), Chennai - 600 013.

3. Jospeh Gilbert Durai ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent herein to consider, dispose off on the representation dated 03.12.2019 of the Petitioner in respect of demolition of the property at No. 20, Arthoon Road, Royapuram, Chennai - 600 013.

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For Petitioner :

Mr. S.Ravichandran For Respondents :

Mrs. K.Ashwini Devi, Standing Counsel (for R1 & R2) Mr. R.Krishnaswamy (for R3)

O R D E R

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner as co-owner to make necessary application for demolition of his property under Section 133 of the Tamil Nadu Urban Local Bodies Act, 1998, and he has made an endorsement to that effect in the court record. However, it is made clear that if any objections are raised by the Third Respondent, who is the other co-owner, the same would have to be duly examined by the concerned authority while determining such application on its own merits and in accordance with law. 2.

In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

25.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 05.04.2024.

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To

1. The Commissioner, Greater Chennai Corporation, Ripon Building, Raja Muthiah Road, Kannappar Thidal, Periyamet, Chennai, Tamil Nadu - 600 003.

2. The Regional Deputy Commissioner (North), Greater Chennai Corporation, Zone - 5, (Royapuram), Chennai - 600 013.

Copy to

1. J.Samson Balraj, S/o. A.Joseph Durai, No. 20, Arathoon Road, Royapuram, Chennai - 600 013.

2. Joseph Gilbert Durai, S/o. A. Joseph Durai, No. 22, Arathoon Road, Royapuram, Chennai - 600 013.

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P.D. AUDIKESAVALU, J.

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