M/S.Shree Shakthi Theatre v. The Licensing Authority /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR W.P. No.40775 of 2016 and W.M.P.No.34744 of 2016 M/s.Shree Shakthi Theatre Represented by its Managing Partner S.Sulochana "Saravanakumar & Co"

206 B, Annur Road Mettupalayam - 641 301 .. Petitioner

Versus

1.The Licensing Authority/ The District Collector of Coimbatore Coimbatore District Coimbatore - 641 018 2.The Secretary of the Government Home Department (Cinemas) Secretariat, Chennai (R2 suo-moto impleaded as per Order dated 27.06.2017 by DKKJ in W.P.No.40775/2016 in WM.P.No.34744 of 2016) .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, calling for the records of the Impugned Order in Na.Ka.No.9880/2015/E2 dated 17.09.2016 passed by the respondent herein as illegal, arbitrary, unconstitutional, ultra-vires of the constitution relating to redirection of application dated 14.05.2015 made under the Rules 77 & 78 and 40 of the Tamil Nadu Cinemas (Regulation) Rules 1957 to the approval under the Town and Country Planning Act 1971 and to quash the same and consequently direct the respondent herein to consider the application of the petitioner herein dated 14.05.2015 and to grant the sanction 1/3

for the same in terms of Rules 77 & 78 and 40 of the Tamil Nadu Cinemas (Regulation) Rules 1957 without insisting any approval under the Town and Country Planning Act, 1971.

For Petitioner : Mr.P.Vikram For Respondent : Mr.D.Gopal for R1 Government Advocate Mr.P.Sathish for R2 Additional Government Pleader

ORDER

When the matter is taken up for consideration, the learned counsel for the petitioner seeks leave of this Court to withdraw this case. He also has made an endorsement in the bundle to that effect.

2. Considering the submission of the learned counsel for the petitioner, this Court grants leave to withdraw this case. Accordingly, this writ petition stands dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

17.11.2022 dhk Index :Yes/No Internet:Yes/No N. SATHISH KUMAR, J.

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dhk To 1.The Licensing Authority/ The District Collector of Coimbatore Coimbatore District Coimbatore - 641 018 2.The Secretary of the Government Home Department (Cinemas) Secretariat, Chennai W.P. No.40775 of 2016 17.11.2022 3/3