Dr.Masthan v. Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.24375 of 2016 and WMP.No.20862 of 2016 Dr. Masthan

...Petitioner

Vs.

1.Government of Tamil Nadu, rep. by its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai - 600 009.

2.Chennai Metropolitan Development Authority, rep. by its Member Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

3.Sholavaram Panchayat Union, rep. by its Commissioner, Sholavaram.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the first respondent in their Letter No.24256/UD-VII(1)/2015-3 dated 22.06.2016 relating to rejection of the application under Section 80(A) of the Town and Country Planning Act, 1971, pertaining to the construction of Ground Floor + 6 Floors, Hospital Building at Old S.No.121/4, New S.No.271/7, Door No.4/833, GNT Road, M.A.Nagar, Padiyanallur Village, Red Hills, Chennai-52 and quash the same and direct the respondents 2 and 3 to forbear them from in anyway interfering with the aforesaid building particularly by way of locking and sealing and demolition of the same.

For Petitioner : Mr.D.S.Rajasekaran For R1 : Mrs.A.Srijayanthi, SGP For R2 : Mr.Raja Srinivas https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by HULUVADI G. RAMESH,J.) Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to pursue his remedy with the second respondent under Section 49 of the Tamil Nadu Town and Country Planning Act, 1971. He has also made an endorsement to that effect in the petition. In view of the same, liberty is granted and the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rk To 1.Secretary to Government, Government of Tamil Nadu, Housing & Urban Development Department, Secretariat, Chennai - 600 009.

2.Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai- 600 008.

3.Commissioner, Sholavaram Panchayat Union, Sholavaram.

+1cc to Mr.D.S.Rajasekaran, Advocate, S.R.No.41145 +1cc to Mr.K. Rajasrinivas, Advocate, S.R.No.40902 +1cc to the Government Pleader, S.R.No.41294 SR(CO) EU(08/08/2016) W.P.No.24375 of 2016 https://hcservices.ecourts.gov.in/hcservices/