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Madras High CourtWP/26761/2022withdrawn dismissed

C. Elumalai v. The State Of Tamil Nadu

2022-10-11Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 25816 of 2022 C.Elumalai ... Petitioner -vs1. The State of Tamil Nadu, Rep. by its Secretary, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

2. Chennai Metropolitan Development Authority, Rep. by its Member Secretary, "Thalamuthu Natarajan Maaligai", No. 1, Gandhi-Irwin Road, Egmore, Chennai - 600 008.

3. The Greater Chennai Corporation, Rep. by its Principal Secretary & Commissioner, Park Town, Chennai - 600 014.

4. D.Satchidanandam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to forthwith to take appropriate legal action on the basis of the Second Respondent's Letter No. M2/9961/2022 dated 30.08.2022 against the Fourth Respondent.

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For Petitioner :

Mr. R.Ragoth For Respondents :

Mr. R.L.Karthik, Government Advocate (for R1) Mr. C.Manoharan (for R2) Mr. D.B.R.Prabhu (for R3)

O R D E R

Heard Mr. R.Ragoth, Learned Counsel for the Petitioner, Mr. R.L.Karthik, Learned Government Advocate who takes notice for the First Respondent, Mr. C.Manoharan, Learned Counsel who takes notice for the Second Respondent and Mr. D.B.R.Prabhu, Learned Counsel who takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Third Respondent to forthwith take appropriate legal action against the Fourth Respondent on the basis of Letter No. M2/9961/2022 dated 30.08.2022 of the Second Respondent. 2/5

3.

When it was pointed out that the Writ Petition does not contain any of the particulars relating to approval for construction of building with copy of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to the Petitioner to file fresh Writ Petition with the said requirements and he has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

11.10.2022 skr Index: Yes/No Note: Issue order copy by 07.11.2022.

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To

1. The Secretary to Government of Tamil Nadu, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

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

3. The Principal Secretary & Commissioner, The Greater Chennai Corporation, Park Town, Chennai - 600 014.

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P.D. AUDIKESAVALU, J.

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