D.Srinivasan v. Zonal Officer (Zone-08)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU D.Srinivasan ... Petitioner -vs1. The Zonal Officer (Zone - 08), Greater Chennai Corporation, No. 36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

2. The Additional City Health Officer, Public Health Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3. The District Environmental Engineer, Tamilnadu Pollution Control Board, No. 950/1, Poonamalle High Road, Arumbakkam, Chennai - 600 106.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider Petitioner's representation dated 17.01.2022 and complaint Lr. No. 1/4

DEE/TNPCS/CHN Complaint ID 091529438/2022 dated 28.04.2022 within the time as may be fixed by the Court.

For Petitioner :

Ms. V.Abarna For Respondents :

Mr. D.B.R.Prabhu (for R1 & R2)

O R D E R

Ms. V.Abarna, Learned Counsel for the Petitioner and Mr. D.B.R.Prabhu, Learned Counsel who takes notice for the First and Second Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance of the Petitioner is that the peepal tree grown in the property of his neighbour is affecting his right to effectively use his property and seeks to remove the same. However, the said neighbour of the Petitioner has not been as a party to the Writ Petition and there is nothing to show that any efforts had been taken by the Petitioner to resolve such dispute with him. In such circumstances, Learned Counsel for the Petitioner seeks permission of the Court to withdraw this Writ Petition with liberty to pursue appropriate legal proceedings impleading the necessary parties if the matter could not be resolved otherwise and she has 2/4

made an endorsement to that effect in the court record. 3.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

11.10.2022 vjt Index: Yes/No Note: Issue order copy by 20.10.2022.

To

1. The Zonal Officer (Zone - 08), Greater Chennai Corporation, No. 36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

2. The Additional City Health Officer, Public Health Department, Greater Chennai Corporation, Ripon Building, Chennai - 600 003.

3. The District Environmental Engineer, Tamilnadu Pollution Control Board, No. 950/1, Poonamalle High Road, Arumbakkam, Chennai - 600 106.

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P.D. AUDIKESAVALU, J.

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