Prakashminnampalli Sampath v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.4896 of 2016 and W.M.P. No.4250 of 2016 1.

Prakashminnampillai Sampath 2.

Bhuvaneswari 3.

Mahadevi ... Petitioners Vs.

1.

Government of Tamil Nadu represented by its Secretary to Government Housing and Urban Development Department Secretariat Chennai - 600 009 2.

represented by its Commissioner Ripon Buildings Chennai 600 003 3.

Regional Office-Central represented by its Executive Engineer II Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 and 3 from in any way interfering with the premises at Plot No.9, Door No.9, Loco Works Scheme, Agaram, Chennai 600 082 particularly by way of locking and sealing and or demolition of the same, pending final determination of the petitioner's application under Section 80-A of the Town and Country Planning Act, 1971 dated 03.02.2016.

For petitioners : Mr. D.S. Rajasekaran For R1 : Mr. P.S. Sivashanmugasundaram Special Government Pleader For RR 2 & 3 : Mr. R. Arunmozhi, Standing Counsel

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) The learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition with liberty to pursue the petitioners' remedy before the first respondent and has also made an endorsement to that effect as under:

"This writ petition may be permitted to be withdrawn to pursue the first respondent for stay petition."

2.

In view of the above submission and endorsement made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn with liberty as aforestated, if so advised.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 V) //True Copy// Sub Assistant Registrar cad To 1.

The Secretary to Government Housing and Urban Development Department Government of Tamil Nadu Secretariat, Chennai - 600 009 2.

The Commissioner Ripon Buildings, Chennai 600 003

3.

The Executive Engineer Regional Office-Central II Cross Street (East) Pulla Avenue, Shenoy Nagar Chennai 600 030.

+1cc to Mr.R. Arunmozhi, Advocate, S.R.No.8265 W.P. No.4896 of 2016 MG(CO) CA(19/02/2016)