Madras High CourtWP/17894/2018withdrawn dismissed

Mrs. Epsiba, v. The Principal Secretary To

2022-02-17Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.02.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.17894 of 2018 Mrs.Epsiba, W/o George Steven .. Petitioner Vs.

1. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai-600 008.

3. The Special Planner, Reclassification, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai-600 008.

4. The Deputy Planner, Layout and Reclassification, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai-600 008.

5. The Assistant Planner, Layout and Reclassification, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Building, Gandhi Erwin Road, Egmore, Chennai-600 008.

6. The Tahsildar, Pallavaram Taluk, Kancheepuram District.

7. The Tahsildar, Sriperumbudur Taluk, Kancheepuram District.

8. The Chief Engineer, (WRD), PWD, Chennai Region, Chennai-5.

(Respondents 6 to 8 impleaded as per order dated 28.08.2018 in W.M.P.No.25176 of 2018 in W.P.No.17894 of 2018) .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent-authority to re-classify the lands comprised in Survey No.16 situated at Moondram Kattalai Village, Pallavaram Taluk, Kancheepuram District from water body to mixed residential area on publication of variation Notification in the Tamil Nadu Government Gazette and re-publication of the Notification as per the Rules, within a time stipulated by this Court.

For petitioner : Mr.R.Ragavendran For respondents: Mr.J.Ravindran, Addl. Advocate General, assisted by Mr.P.Muthukumar, State Govt. Pleader for RR-1 and 6 to 8 M/s.Veena for RR-2 to 5

ORDER

(The Order of the Court was made by The Honourable Chief Justice) The learned counsel for the petitioner prays for withdrawal of the Writ Petition, as the matter is pending consideration on the application filed by the petitioner and is being processed to some level. In view of the above, the Writ Petition is dismissed as withdrawn, with liberty to the petitioner to pursue the representation, on which, process has already been initiated, but final order has not been passed. The aforesaid liberty would not mean any observation made to any of the parties, rather, the authority would proceed in the matter strictly in accordance with the principles of law. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar cs