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Madras High CourtWP/32852/2015withdrawn dismissed

Senthil Kumar v. The Regional Deputy Director

2018-07-11Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.07.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.Nos.32852 & 33193 of 2015 and M.P.Nos.1,1 & 2,2 of 2015 Senthil Kumar ..Petitioner in W.P.No.32852 of 2015 K.Gopal ..Petitioner in W.P.No.33193 of 2015 vs 1.The Regional Deputy Director, Town and country Planning, Salem.

2.The District Collector, Erode District.

3.The Commissioner, Erode Corporation, Erode.

4.K.Loganathan (R4 - Impleaded as per order dated 14.6.2018 in W.M.P.Nos.10980 & 10981 of 2016 in W.P.Nos.32852 & 33193 of 2015) .. Respondents in both W.Ps Prayer in W.P.No.32852 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to approve the Planning permission submitted by the petitioner on 30.04.2015 for the construction of "Alayamani Mahal", 137, Perundurai road, Thindal Post, Erode - 12.

Prayer in W.P.No.33193 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to approve the Planning permission submitted by the petitioner on 21.08.2015 and to grant approval to Handles and Hinges showroom in S.No.18/3, S.F.55, Perundurai main road, Erode.

For Petitioners : Mr.Kandhan Duraisami(in both W.Ps) For Respondents : Mr.D.Raghu, GA for R1 & R2 (in both W.Ps) Mr.M.Rajamathivanan for R3 (in both W.Ps) Mr.AL.Gandhimathi for R4 (in both W.Ps) https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R The learned counsel appearing on behalf of the writ petitioners made a submission that during the pendency of the writ petitions, the original authority passed an order. Challenging the same, the writ petitioners preferred an appeal before the Appellate Authority and under these circumstances, the petitioners are at liberty to pursue the appeal, which is now pending before the Appellate Authority.

2.With these observations, these writ petitions stand dismissed as withdrawn. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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

1. The Regional Deputy Director, Town and country Planning, Salem.

2. The District Collector, Erode District.

3. The Commissioner, Erode Corporation, Erode.

+2 Ccs to M/s. Muthumani Doraisamy, Advocate sr 45266,45267. +1 CC to Mrs.A.L. Gandhimathi, Advocate sr 45461. +1 CC to Govt. Pleader sr 45704 W.P.Nos.32852 & 33193 of 2015 SP(19/07/2018) https://hcservices.ecourts.gov.in/hcservices/