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Madras High CourtWP/25514/2019withdrawn dismissed

Don Bosco Matriculation School, v. The District Collector,

2019-12-19Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2019

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.25514 OF 2019 AND W.M.P.NOS.25041 TO 25043 OF 2019 Don Bosco Matriculation School, Rep.By its Correspondent, Mr.K.Saramma,No.8, 3rd Cross Street, M.K.B.Nagar, Chennai - 600 039.

.. Petitioner ..Vs..

1. The District Collector, Chennai, Chennai District - 600 001.

2. The Revenue Divisional Officer, North Chennai Division, Tondiarpet, Chennai, Chennai.

3. R.Vengadachalam

4. The State of Tamil Nadu, Rep. By the Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-9.

5. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maligai, No.2, Gandhi Irwin Road, Egmore, Chennai-8.

(R4 and R5 implead as per order dated 24.09.2019 in WMP No.26480/2019 in W.P. No. 25514/2019).

6. The Commissioner, Greater Chennai Corporation, Chennai.

(R6 impleaded as per order dated 18.10.2019 in WMP.No.29939/2019 in WP No. 25514/2019).

.. Respondents

PRAYER :

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the 2nd respondent in Na.Ka.No.77/2019/A1 dated 30.05.2019 and in Na.Ka.No.77/2019/A1 dated 18.07.2019 and quash the same as illegal, without jurisdiction and issued beyond the procedure laid under the Tamil Nadu Public Building (Licensing) Act 1965 and its Rules, and consequently directing the 2nd respondent to process the petitioner's application dated 13.05.2019 for renewal of Building Licence without insisting upon the building plan approval within a time frame fixed by this Court as such the petitioner is a recognised school for past 25 years and had complied all the requirements as mandated under the Tamil Nadu Public Building (Licensing) Act 1965.

For Petitioner : M/s.G.V.Seethalakshmi for Mr.E.Vijay Anand For Respondents : Mrs.P.Rajalakshmi Additional Government Pleader for R1, R2 & R4 : Mr.R.Venkadachalam Party-in-person for R3.

O R D E R

The learned counsel for the petitioner seeks permission of this Court to withdraw this petition and has also made an endorsement to that effect.

2.

Heard the submissions of G.V.Seethalakshmi for Mr. E.Vijay Anand, learned counsel appearing for the petitioner and Mr. R.Venkadachalam, Party-in-Person, the third respondent. 3.

In view of the submission and endorsement made by the learned counsel for the petitioner, this petition stands dismissed as withdrawn.

Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar kv

To

1. The District Collector, Chennai, Chennai District - 600 001.

2. The Revenue Divisional Officer, North Chennai Division, Tondiarpet, Chennai, Chennai.

3. The Secretary to Government, The State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai-9.

4. The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maligai, No.2, Gandhi Irwin Road, Egmore, Chennai-8.

5. The Commissioner, Greater Chennai Corporation, Chennai.

+1cc to Mr.P.S.Ganesh, Advocate, S.R.No.105700 +1cc to Mr.G.Anantharangan, Advocate, S.R.No.106411 +1cc to Mr.E.Vijay Anand, Advocate, S.R.No.106041 +1cc to the Government Pleader, S.R.No.106273 W.P.No.25514 of 2019 SSI(CO) CS/03/02/2020