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Madras High CourtWP/15730/2017dismissed for nonprosecution

G.Gunasekar v. The Chief Secretary

2023-07-21Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Gunasekar ..

Petitioner in WP No.15730/17 N.Peryasamy ..

Petitioner in WP No.15827/17 Vs.

1. The Chief Secretary Government of Tamil Nadu

2. The Secretary to the Government Housing and Urban Development Department

3. The Secretary to the Government Municipal Administration and Water Supply Department

4. The Secretary to the Government Revenue Department

5. The Secretary to the Government Agriculture Department

6. The Secretary to the Government Commercial Tax and Registration Department

7. The Secretary to the Government Rural Development and Panchayat Raj Department

8. The Inspector General of Registration Office of the Inspector General Respondents Santhome, Chennai 28.

..

in both W.Ps.

Prayer: Petitions filed under Article 226 of the Constitution of India seeking (i) a writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the second respondent in his proceedings of Housing and Urban Development UD4(3) Department in G.O.(Ms.)No.78 dated 04.05.2017 and quash the same and consequently directing the respondent to register the documents as per Act 2/2009 Sub Section (2) in the Section 22-A of Registration Act, 1908 and also to register all documents which entered as a plot in the guideline value register and to fix amount one lumpsum per sq. feet as regularisationn fees according to G.O.Ms.No.59 dated 25.07.2006 and one application only for permission to regularisation and based on the petitioners representation dated 22.05.2017 along with detailed letter dated 30.05.2017; and

(ii) a writ of Certiorarified Mandamus calling for the entire records relating to the impugned Government Order G.O.(Ms.) No.79 dated 04.05.2017 passed by the second respondent in his proceedings of Housing and Urban Development Department UD4(3) Department and quash the same and consequently, directing the respondents to pass the new G.O. Including special power to be given local body for sanction of technical approval, to the area less than 1 acre and one application only for approval by method of joint sitting of all officers instead of old procedure and based on the petitioners representation dated 27.05.2017.

For the Petitioners : Mr.A.Rajakumar For the Respondents : Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) The writ petitions were listed on 09.06.2023. On the said date, none appeared for the petitioners. The matters were adjourned to today.

2. The matters were called out in the morning session. None appeared for the petitioners. The matters were kept back. In the

afternoon session also, when the matters are called out, none appears for the petitioners. It appears that the petitioners are not interested in prosecuting the petitions.

3. The writ petitions are dismissed for non-prosecution. There will be no order as to costs. Consequently, W.M.P.Nos.17006, 17007, 17135 and 17136 of 2017 are also dismissed.

(S.V.G., CJ.) (P.D.A., J.) 21.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Chief Secretary Government of Tamil Nadu

2. The Secretary to the Government Housing and Urban Development Department

3. The Secretary to the Government Municipal Administration and Water Supply Department

4. The Secretary to the Government Revenue Department

5. The Secretary to the Government Agriculture Department

6. The Secretary to the Government Commercial Tax and Registration Department

7. The Secretary to the Government Rural Development and Panchayat Raj Department

8. The Inspector General of Registration Office of the Inspector General Santhome, Chennai 28.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 21.07.2023