B.Sarojini v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.25153 & 25154 of 2020 1.B.Sarojini 2.V.Jayanthi 3.K.Sumathi

...Petitioners

-Vs1.The Director, Director of Town and Country Planning, No.807, Mount Road, Chennai - 600 002.

2.The Deputy Director (General), Erode District Town and Country Planning, 3.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

4.The District Collector, Erode District, Erode.

5.The Sub-Registrar, Erode - 638 401.

6.The Block Development Officer, Erode - 638 401.

7.The Special Officer / Block Development Officer, 1/4

Komarapalayam Panchayat, 8.K.K.Sengodan 9.Nagammal 10.Muthammal

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, call for the records of the impugned order of the 1st respondent vide Na.Ka.No.17178/2017G.R dated 10.12.2020 and quash the same and consequently to set aside the plan approval vide Na.Ka.No.4838/98-LA3 dated 11.08.1993 subject to the Survey No.155/2&3 (Survey No.155/2B & 3) total to an extent of 4.68 acres of Malayadipudur Village, Sathyamangalam Taluk, Erode District and directing the 2nd respondent to regularize the unapproved layouts of New Diamond Nagar as per Ma.Va./Regularization/Thi.Ma.No.12/2019 in principle clearance of the above property on the file of the 2nd respondent as the petitioners undertake to pay the necessary charges and pass such further orders. For Petitioner :

No appearance For R1 to R7 :

Mr.N.Naveen Kumar, Government Advocate For R8 :

M/s.R.Poornima

O R D E R

2/4

When the matter was taken up for hearing on 25.02.2025, this Court passed the following order:

"This Court vide its order dated 06.01.2025 directed the Registry to issue notice to the petitioners, since the counsel on record for the petitioners have withdrawn the vakalat.

2. In compliance of the aforesaid order dated 06.01.2025, the Registry has issued a notice to the petitioners, wherein, the petitioners 1 & 2 have received the same and in regard to third petitioner, the endorsement says "Tapal due - Not ready".

3. In view of the above Registry is directed to issue notice to the third petitioner.

4. List the case on 13.03.2025 under the caption "For dismissal"."

2. Even today, 13.03.2025, when the matter was taken up for hearing at 02.30 p.m., none appeared on behalf of the petitioner. It is made clear and evident that the petitioner is not interested in prosecuting the case.

3. Since there is no representation for the petitioner, this Court is left with no other option except to dismiss the petition for non-prosecution. In the result, the writ petition stands dismissed for NonProsecution. No costs. Consequently, connected miscellaneous petition is closed.

13.03.2025 cda Index : Yes/No Speaking/Non Speaking order J.SATHYA NARAYANA PRASAD, J.

cda To 3/4

1.The Director, Director of Town and Country Planning, No.807, Mount Road, Chennai - 600 002.

2.The Deputy Director (General), Erode District Town and Country Planning, 3.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

4.The District Collector, Erode District, Erode.

5.The Sub-Registrar, Erode - 638 401.

6.The Block Development Officer, Erode - 638 401.

7.The Special Officer / Block Development Officer, Komarapalayam Panchayat, 13.03.2025 4/4