B.Balakrishnan @ Parthe Baskar v. The Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:26.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE W.P.No.24613/2008 & MP.Nos.1 & 3/2008 B.Balakrishnan @ Parthe Baskar ..

Petitioner Vs

1. The Chennai Metropolitan Development Authority [CMDA] rep.by its Member Secretary Egmore, Chennai-8.

2. Ozone Projects Private Ltd., rep.by its Managing Director, NO.51/7/2, Ratna Avenue Civil Station, Off Richmond Road Bangalore-560025. Also at No.63, GN Chetty Road, T.Nagar, Chennai-600017.

..

Respondents **R2 impleaded as per order dated 06.01.2009 and recalled as per order dated 20.01.2009 in MP.NO.2/2008 in WP.No.24613/2008.

Recalled the impleading of R2 Vide court order dt.20/01/2009 in MP.2/08 in WP.No.24613/08.

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorari calling for the records of the impugned order viz., Letter No.c3/15790/2007 dated 30.09.2008 of the respondent and quash the same and forbearing the respondent from granting planning permission to anybody in respect of subject properties having extent of 1.76 acres comprised in survey No.229/1A and 3 acres comprised in Survey No.230/7A in Koyambedu village, Chennai.

For Petitioner : Mr.P.Chandrasekar For R1 : Mr.N.Sampath For R2 : Mr.R.Swaminathan https://hcservices.ecourts.gov.in/hcservices/

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] The learned counsel for the petitioner on instructions, would submit that orders have been issued in favour of the counter party according to planning permission and those orders are also the subject matter of challenge / litigation in WP.No.25497/2013 and WA.Nos.844 and 845/2011 and therefore, submitted that nothing survives for adjudication in this writ petition.

The Court heard the submissions of Mr.N.Sampath, learned Standing Counsel appearing for the 1st respondent and Mr.R.Swaminathan, learned counsel appearing for the 2nd respondent.

In the light of the said development, nothing survives for adjudication in this writ petition. Therefore, the writ petition is closed, giving liberty to the petitioner to work out his remedy in the above cited pending litigations. No costs. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AP To

1. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Building Egmore, Chennai-8.

+1cc to M/s.R.Swaminathan, Advocate, S.R.No.52811 +1cc to M/s.N.Sampath, Advocate, S.R.No.52819 WP.No.24613/2008 CP(CO) CU(16/08/2017) https://hcservices.ecourts.gov.in/hcservices/