R.Kalamani v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.Nos.41248 & 41249 of 2016 R.Kalamani ... Petitioner in W.P.41248/2016 C.Annadurai ... Petitioner in W.P.41249/2016 Vs

1. The Government of Tamilnadu, rep. by its Secretary, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

4. The Executive Engineer, Zone VII, Corporation of Chennai, Ambattur, Chennai-600 053.

5. The Assistant Executive Engineer-II, Zone No.VII, Ambattur Zone, Corporation of Chennai, C.T.H. High Road, Chennai-600 024.

... Respondents in both WPs W.P.No.41248 of 2016 : Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the impugned Notice dated 07.11.2016 in Notice No.ZONE-7/DIVISION92/0120/2016 issued by 4th respondent herein and quash the same and consequently direct the 1st respondent herein to consider and pass appropriate order on the Appeal resubmitted by the

petitioner herein dated 12.10.2015 under Section 80-A of the Tamilnadu Town and Country Planning Act, 1971 as per direction of W.P.No.30957 of 2014.

W.P.No.41249 of 2016 : Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the Impugned Notice dated 07.11.2016 in Notice NO. ZONE-7/DIVISION- 92/0119/ 2016 issued by 4th respondent herein and quash the same and consequently direct the 1st respondent herein to consider and pass appropriate order on the Appeal resubmitted by the petitioner herein dated 12.10.2015 under Section 80-A of Tamilnadu Town and Country Planning Act 1971 as per direction W.P.No.30957 of 2014.

For Petitioner :

No Appearance For Respondents :

Mr.R.Vijayakumar Additional Government Pleader for R1 Mr.R.Arunmozhi for R2, R4 & R5 Mr.N.Sampath for R3 COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) In terms of our order dated 24.11.2016, we granted time to the learned counsel for the petitioners to file a better affidavit for the reasons as set out in the order.

2. On 12.01.2017, again we granted one week further time stating that failure to do so would result in the automatic dismissal of the writ petitions without any further orders.

3. No better affidavit has been filed.

4. None is present for the petitioners.

5. In view of the peremptory nature of the order dated 12.01.2017, the writ petitions stand dismissed. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

bbr To

1. The Secretary, Government of Tamilnadu, Housing and Urban Development Department, Fort St. George, Chennai-600 009.

2. The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai-600 003.

3. The Member Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.

4. The Executive Engineer, Zone VII, Corporation of Chennai, Ambattur, Chennai-600 053.

5. The Assistant Executive Engineer-II, Zone No.VII, Ambattur Zone, Corporation of Chennai, C.T.H. High Road, Chennai-600 024.

+1cc to Mr.R.Arunmozhi, Advocate, S.R.No.5503 +2cc's to Mr.N.Sampath, Advocate, S.R.Nos.5445 & 5444 +4cc's to Mr.G.Muthukumar, Advocate, S.R.Nos.5594 & 5593 +1cc to the Government Pleader, S.R.No.5651 W.P.Nos.41248 & 41249 of 2016 SS(CO) CA(09/02/2017)