N.S.Chengalvarayan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P. No. 33164 of 2015 & M.P.No.1 of 2015 .......

N.S.Chengalvarayan .... Petitioner vs.

1 The Government of Tamilnadu rep. by its Secretary Housing & Urban Development Department, Secretariat, Fort St. George, Chennai-9 2 The Member Secretary, Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore , Chennai-8 3 The Commissioner, Corporation of Chennai, Rippon Building, Chennai.

4. The Deputy Planner Enforcement Cell Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore Chennai-8.

.... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the 2nd to 4th respondents from in anyway interfering with the building at (shops) Old No.1 New No.130 & 131 Govindappa Naicken Street, and Old No.7/233 to 15/233 New No.170 NSC Bose Road, Chennai 600 079, particularly by way of refused planning permission pending final determination of the appeal dated 30.9.2015

pending with the 1st respondent under section 79 of the Town and Country Planning Act 1971.

For petitioner : Ms. S. Meenakumari For respondents : Mr.P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1 Mr.K. Raja Srinivas - R2 Mr. V.C.Selvasekaran - R3 & R4

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) Learned counsel for the petitioner seeks permission to withdraw the writ petition and has also made an endorsement to that effect, as under:

" Not pressed. May be dismissed as withdrawn with liberty to file a fresh writ petition after appropriate time. "

In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty to approach this Court as and when proper cause of action arises. No costs. Connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1 The Government of Tamilnadu rep. by its Secretary Housing & Urban Development Department Secretariat Fort St. George Chennai-9 2 The Member Secretary Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building No.1 Gandhi Irwin Road Egmore Chennai-8

3 The Commissioner, Corporation of Chennai, Rippon Building, Chennai.

4. The Deputy Planner Enforcement Cell Chennai Metropolitan Development Authority (CMDA) Thalamuthu Natarajan Building, No.1 Gandhi Irwin Road, Egmore Chennai-8.

+1 cc to M/s.D.Balachandran,Advocate(sr.56697) +1 cc to Mr.K.Raja shinivas,Advocate(sr.57053) +1 cc to GovernmentPleader(sr.57766) W.P.33164 of 2015 RSK(co) cp 2/11/2015