Harmony Avakash Homes Pvt Ltd v. Directorate Of Town And Country

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. Nos. 26649, 26652 and 28809 of 2021 M/s. Harmony Avakash Homes Pvt. Ltd., Represented by its Director, Mookambika Complex, No. 4, Lady Desika Road, Mylapore, Chennai - 600 004.

... Petitioner -vs1. Directorate of Town and Country Planning Authority, Represented by its Director, No. 307, Anna Salai, Chennai - 600 002.

2. The Assistant Director of Town and Country Planning, Villupuram Region, TADCO Building, G.H. Road, Villupuram - 605 602.

3. The Special Officer/Block Development Officer, Panchayat Union, Marakkanam.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Second Respondent proceeding Na. Ka. No. 1755/2021/Vi.M 1/5

dated 01.11.2021 and proceeding Na. Ka. Aa1/1620/2020 dated 18.11.2020 issued by the Third Respondent, quash the same and direct the Second Respondent to include commercial space 'Vaniga Paguthi' measuring 7448 sq. ft. under Manutharar Virpanaikuriathu heading in the approved layout No. 16/2010 dated 27.12.2010 as mentioned in layout No. 16/2013 within a limited period.

For Petitioner :

Mr. P.Kumaravel For Respondents :

Mr. P.Ganesan, Additional Government Pleader

O R D E R

Heard Mr. P.Kumaravel, Learned Counsel for the Petitioner and Mr. P.Ganesan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the order dated 01.11.2021 in Proceedings Na. Ka. No. 1755/2021/Vi.M passed by the Second Respondent and consequently direct the Second Respondent to include commercial space 'Vaniga Paguthi' measuring 7448 sq.ft under Manutharar Virpanaikuriathu heading in the approved layout No. 16/2010 dated 27.12.2010 as mentioned in layout No. 16/2013.

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3.

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition without prejudice to the rights to seek other remedies available under law. He has sent a letter dated 06.03.2024 to that effect in the Registry, which is placed on record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.

08.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 04.04.2024.

vjt/pal To

1. The Director, Directorate of Town and Country Planning Authority, No. 307, Anna Salai, Chennai - 600 002.

2. The Assistant Director of Town and Country Planning, Villupuram Region, TADCO Building, G.H. Road, Villupuram - 605 602.

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3. The Special Officer/Block Development Officer, Panchayat Union, Marakkanam.

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P.D. AUDIKESAVALU, J.

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