M.Uttamchand Bafna 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. 33199 of 2015 & M.P.No.1 of 2015 .......

M. Uttamchand Bafna .... 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 Regional Deputy Commissioner, Corporation of Chennai (North) having office at No.62 Basin Bridge Road Old Washermenpet Royapuram Chennai-21 4 The Executive Engineer (Enforcement) RDC (North Office) Zone V Corporation of Chennai Chennai-21 .... 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 New NO.90, Old No.288 Thambu Chetty Street, Chennai 600 001 particularly by way of locking and sealing and demolition pending final determination of the appeal dated 6.10.2015 pending with the 1st respondent under section 80A of the Tamilnadu 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. A. Nagarajan - 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 May be dismissed as withdrawn with liberty to file a fresh writ petition after appropriate time.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the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn with liberty to approach this Court as and when proper cause of action arises.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/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ra To 1 The Secratary to Government of Tamilnadu 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 Regional Deputy Commissioner, Corporation of Chennai (North) having office at No.62 Basin Bridge Road Old Washermenpet Royapuram Chennai-21

4 The Executive Engineer (Enforcement) RDC (North Office) Zone V Corporation of Chennai Chennai-21 +1 cc to Government Pleader, sr.57754 +1 cc to Mr.A.Nagarajan, Advocate, sr.57064 +1 cc to Mr.K.Raja Srinivas, Advocate, sr.57050 +1 cc to MR.D.Balachandran, Advocate, sr.56698 W.P. No.33199 of 2015 svi co kra 29/10/2015