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Madras High CourtWP/19642/2020withdrawn dismissed

N.Sivakumar v. The Additional Secretary (Technical)

2020-12-23Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.12.2020

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.No.19642/2020 & WMP.No.24269/2020 Mr.N.Sivakumar rep.by the Power Agent Mr.C.Natarajan ..Petitioner

Versus

1.The Additional Secretary [Technical] Housing & Urban Development Department Secretariat, Chennai 600 009.

2.The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003.

3.The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

4.Executive Engineer Zone-13, Adyar, No.115, Dr.Muthulakshmi Salai Adyar, Chennai 600 020.

5.Assistant Engineer DIV 179, No.65, Velachery Main Road Velachery, Chennai 600 065.

6.Junior Engineer, DIV 179, No.65, Velachery Main Road Velachery, Chennai 600 065.

7.Tmt.Vallirajan ..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records pertaining to the order of

rejection of petitioner appeal u/s.80[A] of the Tamil Nadu Town and Country Planning Act, in Letter No.18704/UDVII[2]/2019-4 dated 18.11.2020 issued by the 1st respondent to the petitioner for the construction of N.Sivakumar's residential building situated at Plot No.145 and 146, Bhuvaneswari Nagar 1st Main Road, Velachery, Chennai Pincode 600042 and quash the same and consequently direct the 1st respondent to decide the appeal based on the site inspection report through letter No.18704/UDVII[2]/ 2019-2 dated 12.02.2020.

For Petitioner :

Mr.G.Peranban For R1 :

Mr.P.S.Sivashanmugasundaram Special Government Pleader For RR2,4,5&6 :

Mr.M.Ganesan Standing counsel

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J. through Video Conferencing] (1)After some arguments, the learned counsel for the petitioner prays the leave of this Court to withdraw this writ petition with a liberty to avail the alternative remedy u/s.81 of the Town and Country Planning Act, 1971, and also undertakes to send an endorsement through E-mail to the Registry of this Court.

(2)In the light of the same, the writ petition stands dismissed as withdrawn and if the petitioner is so advised and if it is available to him under law, he is entitled to invoke the said remedy. No costs. consequently, the connected miscellaneous petition is closed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Additional Secretary [Technical] Housing & Urban Development Department Secretariat, Chennai 600 009.

2. The Commissioner Greater Chennai Corporation Ripon Building Chennai 600 003.

3. The Member Secretary Chennai Metropolitan Development Authority, Thalamuthu Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

4. Executive Engineer Zone-13, Adyar, No.115, Dr.Muthulakshmi Salai Adyar, Chennai 600 020.

5. Assistant Engineer DIV 179, No.65, Velachery Main Road Velachery, Chennai 600 065.

6. Junior Engineer, DIV 179, No.65, Velachery Main Road Velachery, Chennai 600 065.

+1 CC to The Government Pleader sr 43028.

WP.No.19642/2020 SR(CO) SP(21/01/2021)