Kishore Kumar Dakliya v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.3870 of 2016 and W.M.P. No.3238 of 2016 Kishore Kumar Dakliya Petitioner Vs.

The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 600 009 The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore, Chennai 600 028 The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003 The Chairman and Managing Director Chennai Metropolitan Water Supply and Sewerage Board Chennai 600 002 The Chairman (TANGEDCO) Tamil Nadu Generation and Distribution Corporation Ltd.

Anna Salai, Chennai 600 002 Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records pertaining to the notice dated 05.01.2016 bearing letter No.ED/N-1/1444/2011 issued under Section 56(2) sub clause (iii) and 2A of the Town and Country Planning Act issued by the second respondent and to quash the same and consequentially, directing the 4th and 5th respondents respectively not to disconnect the water supply and drainage connections and the electricity connection to the flat bearing No.402 situated on the fourth floor of the complex known as "Prathiksha Ramdev" bearing Door

Nos.19/8 and 21/8 (Old Nos. 7 & 8), Ashtabujam Road, Choolai, Chennai 600 112.

For petitioner Mr. K. Vaidhyanathan For R1 Mrs. A. Srijayanthi Spl. Govt. Pleader For R2 Mr. N. Sampath, Standing Counsel For R3 Mr. A. Nagarajan, Standing Counsel

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with liberty to prefer appeal before the Government and has also made an endorsement to that effect as under:

"Withdrawing this writ petition and liberty to file appeal before the Government. Hence, this petition pleased may be withdrawn."

In view of the above submission and endorsement made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, with liberty as aforestated, if so advised. No costs. Connected W.M.P. is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cad To The Secretary to Government Housing and Urban Development Department Fort St. George, Chennai 600 009

The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Egmore, Chennai 600 028 The Commissioner Corporation of Chennai Ripon Buildings, Chennai 600 003.

The Chairman and Managing Director Chennai Metropolitan Water Supply and Sewerage Board Chennai 600 002 The Chairman (TANGEDCO) Tamil Nadu Generation and Distribution Corporation Ltd.

Anna Salai, Chennai 600 002 +1cc to Mr.N. Sampath, Advocate, S.R.No.7087 +1cc to Mr.A. Nagarajan, Advocate, S.R.No.6981 +1 cc to the Government Pleader Sr.7172 + 1 cc to K. Vaidhyanathan, Advocate Sr 6928 (7/3/16) KK(CO) EU(17/02/2016) W.P. No.3870 of 2016