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Madras High CourtWP/2611/2014withdrawn dismissed

K.V.Mohan Rao, v. State Of Tamil Nadu,

2021-04-26Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.NO.2611 OF 2014 AND M.P.NO.1 AND 2 OF 2014 K.V.Mohan Rao

...Petitioner

Vs.

1. State of Tamil Nadu, Rep. by the Secretary to Government, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.

2. The Chennai Metropolitan Development Authority, Rep. by its Member Secretary, Gandhi Irwin Road, Egmore, Chennai 600008.

3. Assistant Executive Engineer (Division 93), Zonal Office, Corporation of Chennai, Chennai 600 003.

...Respondents

PRAYER:

Writ petition filed under Section 226 of the Constitution of India to issue a Writ of Certiorarified mandamus or any other appropriate writ, order or direction in the nature of a Writ of Certiorarified Mandamus, calling for the records of the third respondent comprised in his letter dated 20.09.2013 in W.D.C.No.PPA/WDCNo.7/ 8435/2013 and quash the same in so far as it relates to the demand of a sum of Rs.13,20,000/- towards charges for open space reservation charges in respect of the proposed development in the petitioner's land comprised in Survey No.429/2, Block No.H 75, Plot No.508 Mugappair Village, Saidapet Taluk, Chengalpet District and consequently direct the second respondent to issue planning permission in respect of the said development without insisting on payment towards open space Reservation Charges.

For petitioner : Mr.Rahul Balaji For respondents : Mr.D.Suryanarayanan, Gov.Adv. for R1 Mr.Karthik Rajan, for R2 (CMDA) Mr.M.Ganesan, for R3 Standing counsel for Corporation

ORDER

The learned counsel appearing for the petitioner submitted that now, the relief sought for in the writ petition has become infructuous and hence, nothing survives for further adjudication in the writ petition.

2. Recording the submission made by the learned counsel appearing for the petitioner, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mst

1. The Secretary to Government, State of Tamil Nadu, Housing and Urban Development Dept., Secretariat, Fort St. George, Chennai 600 009.

2. The Member Secretary, Gandhi Irwin Road, The Chennai Metropolitan Development Authority, Egmore, Chennai 600008.

3. Assistant Executive Engineer (Division 93), Zonal Office, Corporation of Chennai, Chennai 600 003.

+1 cc Government Pleader, SR.No.25678 W.P.No.2611 of 2014 and M.P.No.1 and 2 of 2014 RLD(CO) KKV/15/06/2021