G.Velusamy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN G.Velusamy ... Petitioner -vs1. The Secretary To Government, Housing and Urban Development, Secretariat, Chennai.
2. The Director, Town and Country Planning, 3rd Floor, CMDA Complex, E and C Market Road, Koyembedu, Chennai.
3. The Deputy Director, Town and Country Planning, Kumaran Shopping Complex, 1st Floor, Corporation Building, Near Railway Station, Tiruppur.
4. The Member-cum-Secretary, Tiruppur Town and Country Planning Authority,
5. The Commissioner,
6. The Assistant Commissioner, 1/4
7. The Sindhu Seva Samithi Trust, Rep. by its Secretary, Palanisamy, S/o.Muthusamy, Saradha Vidhyala Matriculation Higher Secondary School, Pandian Nagar, P.N.Road, Tiruppur Taluk, Tiruppur ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the petitioner application dated 20.04.2023 under Section 49 of the Tamil Nadu Town and Country Planning Act, by taking note of subsequent plan with fee dated 05.04.2025, in view of the intra communication dated 09.08.2023 in letter No.814/N.Va.5(1)/2023-1 on the file of 1st respondent till such time the respondents 3 to 6 shall not take any coercive action against petitioner building comprising in S.No.119/1C2,119/1C3 situated at P.N.Road, Anna Nagar, Neruperichal Village, Tiruppur District. For Petitioner : Mr.K.Myilsamy For R1 to R4 : Mr.M.Venkateswaran, Spl. Govt. Pleader For R5 & R6 : Mr.Abishek Murthy Standing Counsel *****
O R D E R
(By J.Nisha Banu,J.) When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the appeal filed under Section 80-A of the Town and Country Planning Act, 1971 has been dismissed. Aggrieved 2/4
by the same, the petitioner has filed a Review Application before the Government on 14.06.2025.
2. The petitioner has filed the Writ Petition even before expiry of the period of filing a Review, as stipulated under the Act, 1971 and therefore, the Writ Petition cannot be entertained. When this Court was about to dismiss the writ petition on that score, learned counsel for the petitioner sought permission of this Court to withdraw this petition and he has also made an endorsement to that effect in the Court bundle.
3. Permission is granted. This Writ Petition is dismissed as withdrawn. No costs.
(J.N.B.J.,) (M.J.R,J.,) 25.06.2025 Index: Yes/No Internet: Yes/No ar J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
3/4
ar To:
1. The Secretary To Government, Housing and Urban Development, Secretariat, Chennai.
2. The Director, Town and Country Planning, 3rd Floor, CMDA Complex, E and C Market Road, Koyembedu, Chennai.
3. The Deputy Director, Town and Country Planning, Kumaran Shopping Complex, 1st Floor, Corporation Building, Near Railway Station, Tiruppur.
4. The Member-cum-Secretary, Tiruppur Town and Country Planning Authority,
5. The Commissioner,
6. The Assistant Commissioner, 4/4