M/S.Harmony Avakash Homes Pvt Ltd. v. Directorate Of Town And Country
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.18193 OF 2021 The Director M/s. Harmony Avakash Homes Pvt Ltd, Mookambika Complex, No:4, Lady Desika Road, Mylapore, Chennai - 600 004.
..Petitioner Vs.
1. The Directorate of Town & Country Planning Authority, rep by its Directorate No.307, Anna Salai Chennai - 600 002.
2. The Assistant Director of Town and Country Planning, Villupuram Region, TADCO Building, G.H. Road, Villupuram - 605 602
3. The Special Officer/Block Development Officer Panchayat Union Marakkanam.
..Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, directing the respondents to consider the Representation of the Petitioner dated 30th September 2020 for rectification of the error mentioned as 'VanigaPaguthi' in the approved layout No. 16/2010 dated 27/12/2010 under Manutharar Virpanaikuriathu heading on the basis of the materials placed on record and accept the same in accordance with law and in accordance with subsequent neighbouring layout No.16/2013 within a limited period.
For Petitioner : M/s.P Kumaravel For Respondents : M/s.A. Selvendran Government Advocate for Respondents.
ORDER
After hearing the learned counsel for the petitioner, this Court brought to the notice of the learned counsel for the petitioner that the request made by the petitioner was already rejected by the second respondent through proceedings dated 13.08.2020 and the third respondent has also initiated consequential proceedings through letter dated 03.09.2020 and without challenging these two proceedings, the petitioner cannot merely seek for the relief of mandamus before this Court.
2. The learned counsel for the petitioner seeks liberty to withdraw the writ petition and challenge the proceedings of the second and third respondents. This writ petition is dismissed as withdrawn by granting the liberty as sought for by the learned counsel for the petitioner. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar RAP/RR To
1. The Directorate of Town & Country Planning Authority, rep by its Directorate No.307, Anna Salai Chennai - 600 002.
2. The Assistant Director of Town and Country Planning, Villupuram Region, TADCO Building, G.H. Road, Villupuram - 605 602
3. The Special Officer/Block Development Officer Panchayat Union Marakkanam.
+1cc to the Special Government Pleader, S.R.No.44245 W.P.No. 18193 of 2021 RD(CO) RLP(22/09/2021)