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Madras High CourtWP/17930/2018dismissed as withdrawal

R.Vijay Raghavan, v. The Member Secretary,

2019-03-04Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P.Nos.17930 of 2018 and 30132 of 2017 W.P.No.17930 of 2018:

R.Vijay Raghavan .. Petitioner -vs-

6.Public Information Officer, 7.Rajini Balakrishnan, .. Respondents W.P.No.30132 of 2017 R.Vijay Raghavan .. Petitioner -vs6.Public Information Officer, .. Respondents

Writ Petition No.17930 of 2018 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the first respondent relating to an order passed in Letter No.B3/10276/2017 dated 05.9.2017 signed on 5.9.2017 regularising and approving the planning permission application filed by Rajini Balakrishnan 7th respondent and two others for the additional construction of second floor made above Corporation of Chennai approved existing ground floor plus first floor residential building at Plot No.B/1, R.S.No.154/109, Block No.19 of Egmore Village, New Door No.37, Landons Road, Chennai and quash and consequently directing the 4th respondent to pass an order for demolition of illegal construction of building put up by the 7th respondent situated at New No.37, old No.16-A, Landons Road, Kilpauk, Chennai - 600 010 as the 4th respondent had granted planning permission subsequently.

Writ Petition No.30132 of 2017 filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the 4th respondent relating to an order passed in G.O.VIII.C.No.1493/2017 dated 07.08.2017 and quash the same and directing the 4th respondent to pass appropriate order for stoppage and demolition of illegal construction put up by the 5th respondent situated at New No.37, Old No.16A, Landons Road, Kilpauk, Chennai, without obtaining the Planning permission from the CMDA in accordance with Section 57 and 56 of the Tamil Nadu Town and Country Planning Act.

For Petitioner : Mr.S.Devanathan in both WPs For Respondents : Mr.S.Thiruvengadam for respondent Nos.1, 2 and in both WPs Mr.A.Nagarajan for respondent Nos.3 and 4 in W.P.No.17930 of 2018 Mr.R.Arunmozhi for respondent Nos.3 and 4 in W.P.No.30132 of 2017 Mr.C.Jagadish for respondent No.5 and 7 in W.P.No.17930 of 2018 and respondent No.5 in W.P.No.30132 of 2017

COMMON ORDER The learned counsel for the petitioner seeks leave of this Court to withdraw the writ petitions with liberty to file a fresh petition giving necessary particulars. The learned counsel has also made an endorsement to the said effect.

2. In view of the above facts, the writ petitions are allowed to be withdrawn with liberty as prayed.

3. The writ petitions are, accordingly, dismissed as withdrawn. No costs. Consequently, W.M.P.Nos.21228 to 21230 of 2018 and W.M.P.Nos.32739 and 32740 of 2017 are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To

6.The Public Information Officer, +2 cc's to Mr.S.Devanathan, Advocate Sr.No.20405 +1 cc to Mr.C.Jagadish, Advocate Sr.No.20156 +1 cc to Mr.S.Thiruvengadam, Advocate Sr.No.19803 W.P.Nos.17930 of 2018 and 30132 of 2017 RJI(CO) CSL/20.03.2019