B.Rajendhran v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P. DHANABAL W.P.No.18581 of 2023 and WMP No.17821 of 2023

1. B.Rajendhran

2. R.Manjula ... Petitioners Vs.

1. The Secretary, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natraja Maligai, Gandhi Irwin Road, Egmore, Chennai 600 008.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to de-seal the premises of the petitioners at Door No/Plot No.Old No.58/57, New No.98/10A and door No./Plot No.Old No.58/57, New No.98/10B in survey No.359, Harington Apartments, Harington Road, Chetpet, Chennai 600 031 pending disposal of the regularization application submitted by the

petitioners both being dated 12.05.2019 submitted to the 2nd respondent under the building regularization scheme 2017 of Section 113-C of the Town and Country Planning Act, 1971.

For Petitioners : Mr.D.Prasanna For Respondents : Mr.A.Selvendran, Spl.Govt.Pleader for R1 Mr.R.Sivakumar, Standing Counsel for R2

ORDER

(Order of the Court was delivered by D.KRISHNAKUMAR, J.) This writ petition has been filed to direct the respondent to deseal the premises of the petitioners, pending disposal of the regularization application submitted by them under Section 113-C of the Town and Country Planning Act, 1971.

2. The learned Standing Counsel appearing for the second respondent submitted that the building in question has been removed.

3. At this juncture, the learned counsel for the petitioner seeks permission of this court to withdraw the writ petition, with liberty to seek

remedy by filing review application. He has also made an endorsement to that effect.

4. Inview of the above submission and the endorsement made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. Liberty is granted to the petitioners to seek remedy by filing review application.

(D.K.K.J.) (P.D.B.J.) 26.06.2023 (1/2) Internet: Yes/No Index : Yes/No mst To

1. The Secretary, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natraja Maligai, Gandhi Irwin Road, Egmore, Chennai 600 008.

D.KRISHNAKUMAR, J.

and P. DHANABAL, J.

mst 26.06.2023 (1/2)