Madras High CourtWP/3717/2015dismissed as withdrawal

S.Natarajan, v. The Secretary To Government

2015-02-13Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.3717 of 2015 and M.P.Nos.1 and 2 of 2015 1.S.Natarajan 2.C.Shankar 3.P.Jayakumar 4.N.K.Muralidharan 5.M.Karthe .. Petitioners -vs1.The Secretary to Government, Town and Country Planning Dept., Government of Tamil Nadu, Secretariat, Chennai.

2.The Commissioner of Town and Country Planning, Directorate of Town and Country Planning, Anna Salai, Chennai.

3.The Secretary to Government, Municipal Administration and Water Supply Dept., Government of Tamil Nadu, Secretariat, Chennai.

4.The District Collector, Collectorate, Salem.

5.The Tahsildar, Salem West Taluk, Collectorate, Salem.

6.The Commissioner, Salem City Municipality Corporation, Cherry Road, Salem.

7.The Member Secretary, Salem Local Planning Authority, Subramania Nagar, Salem.

8.The President Suramangalam Co-operative House Building Society Ltd., S.362, Subramania Nagar, Salem.

9.The Correspondent, Sri Ramarkrishna Sarada Hr.Sec.

School, Subramania Nagar, Salem.

10.The Divisional Engineer, Public Works Department, Salem.

.. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Certiorari to call for the records relating to the proceedings bearing Na.Ka. No.960/ 2014/K4 dated 3.7.2014 on the files of the 4th respondent quash the same and consequentially direct the respondents to ensure that the playground measuring an extent of 9.88 Acres bearing S.No.4/3 A 1 of Bodinaickenpatti Revenue Village Salem City Town Survey No.27 Block 21 Survey Ward N is preserved intact to enable the students of the Sri Ramakrishna Sarada Higher Secondary School other children in the area and adults to use the facilities available in the playground without any restrictions.

For Petitioner : Mr.Jayesh B.Dolia for M/s.Aiyar and Dolia For Respondents : Mr.S.T.S.Moorthy, Govt. Pleader for RR1 to 5, R7 and R10 : M/s.K.Bhuvaneswari for R-6 : Mr.R.Bala Ramesh, Addl.G.P. (Co.op) for R-8

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Learned counsel for the petitioner states that no representation to the concerned authority has been made qua the grievance of conversion of play ground of a school into a Taluk Panchayat Office. He submits that this is the only open area available for the younger age group for physical activity.

2.In view of the aforesaid, he seeks to withdraw the writ petition, so that he can move a representation to the concerned authorities. On such representation being made, the same shall be examined within one month of receipt of the representation, with notice to all concerned, by a speaking order, to be communicated to the petitioner.

3.If any grievance in law still survives, it is always open to the petitioner to approach for redressal in accordance with law.

4.Writ Petition is dismissed in terms aforesaid. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are also dismissed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sra To 1.The Secretary to Government, Town and Country Planning Dept., Govt. of Tamil Nadu, Secretariat, Chennai.