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Madras High CourtWP/7629/2003withdrawn dismissed

K.Ashok Kumar v. Union Of India, Rep By Its

2017-01-23Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.7629 of 2003 & WPMP No.9808 of 2003 K.Ashok Kumar ..

Petitioner Vs.

1. Union of India rep.by its Secretary to Govt., Ministry of Environment & Forests Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi 110 003

2. The State of Tamil Nadu rep.by its Secretary to Govt., Department of Environment & Forests Fort St.George Chennai 600 009

3. Govt.of Tamil Nadu rep.by its Secretary to Govt.

Urban & Housing Development Dept., Fort St.George Chennai 600 009

4. The Chennai Metropolitan Development Authority rep.by its Member Secretary Thalamuthu Natarajan Building 8, Gandhi Irwin Road, Egmore Chennai 600 008.

5. Kottivakkam Panchayat Kottivakkam Chennai 600 041 .. Respondents

Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of Certioararified Mandamus calling for the records of the 3rd respondent in its proceedings Ref.No.G.O.Ms.D.425 dated 22.5.2001 and quash the same and direct the 4th and 5th respondents herein to issue Planning Permission and Permit sought for by the petitioners in respect of the petition premises at Plot No.4, Kaveri Nagar, Sri Krishna Enclave, Thiruvanmiyur, Chennai 600 041 at No.141, Kottivakkam Village, comprised in Survey No.224/6 (Part), opposite Road to Boulevard Road, Kottivakkam, Chennai 600 041.

For Petitioner ..

Ms.S.Swathy '

for Mr.R.Thiagarajan For Respondents ..

Mr. Raja Srinivas for R4 Mr.K.Soundararjan for R5

ORDER

When the matter was taken up for hearing, learned counsel appearing for the petitioner submitted that the petitioner does not want to press the writ petition and seeks to withdraw the same, as according to her, there is a remedy available to the petitioner under the Second Master Plan, which is said to have come into effect in the year 2009 qua CRZ-II Area, governed by Coastal Area Classification and Development Regulations. Ms.S.Swathy (Enrollment No.MS 3312/2015), junior of Mr.R.Thiagarajan, counsel on record for the petitioner has made an endorsement to that effect in the case bundle.

2.Mr.Raja Srinivas, learned counsel for CMDA submits that he has no instructions in this regard. But, however, if the petitioner wants to withdraw the writ petition, he has no objection for the same.

3. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected Miscellaneous Petition is closed. 23.01.2017 Index:Yes/No ajr To

1. The Secretary to Govt., Union of India Ministry of Environment & Forests Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi 110 003

2. The Secretary to Govt., State of Tamil Nadu Department of Environment & Forests Fort St.George Chennai 600 009

3. The Secretary to Govt., Govt.of Tamil Nadu Urban & Housing Development Dept., Fort St.George Chennai 600 009

P.N.PRAKASH, J.

ajr

4. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building 8, Gandhi Irwin Road, Egmore Chennai 600 008.

5. Kottivakkam Panchayat Kottivakkam Chennai 600 041 W.P.No.7629 of 2003 23.01.2017 http://www.judis.nic.in