O.Arumugasamy v. The Commissioner Of Town Planning

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P.No.35768 of 2019 and WMP.No.36671 of 2019 and WP.No.35773 of 2019 O.Armugasamy ...petitioner in both the petitions Vs.

1. The Commissioner of Town Planning, No.807, Anna Salai, Chennai 600 002.

2. The Commissioner of Corporation, Corporation of Coimbatore, Coimbatore - 1.

3. The Member Secretary, Local Planning Committee, Coimbatore.

4. Globuse Relators (P) Limited, Rep. by its Director Mr.R.Sivakumar, No.128, Race Course, Coimbatore 641 018.

...respondents in both the petitions Page No.1/4

PRAYER in WP.No.35768 of 2019: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Prohibition, prohibiting the respondents 1 to 3 from either sanctioning or approving any plan or permitting anyone to put up any construction for non residential purposes or permitting anyone to carryon any non residential activities over the property comprised in TS.No.1379/2, 1379/3, 1382, 1383/1, 1383/3, 1384, 1385/2 & 1385/3 situated in Tea Estate, Race Course, Coimbatore 641 018, contrary to the sanctioned plan, dated 27.02.2015 issued under Section 17 of the Town Planning Act.

PRAYER in WP.No.35773 of 2019: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to henceforth remove the construction put up at No.128, Race Course, Coimbatore 641 018, which is contrary to the conditions of the sanctioned plan, dated 27.02.1965 issued under Section 17 of the Town Planning Act.

For petitioner : Mr.K.Ramakrishna Reddy (both the petitions) For respondents (both the petitions) for R1 : Mrs.S.Anitha, Spl.G.P.

for R2 : Mr.K.Magesh for R3 : Mr.D.Suriya Narayanan for R4 : Mr.E.K.Kumaresan Page No.2/4

COMMON ORDER (The Order of the Court was made by S.S.SUNDAR, J) The learned counsel for the petitioner seeks permission of this Court to withdraw these petitions and he has also made endorsement to that effect.

2. In view of the above submission and endorsement made by the learned counsel for the petitioner, these Writ Petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed.

(S.S.S.R.J.,) (N.S.J.,) 10.01.2024 Index : Yes / No Speaking order: Yes/No pvs To

1. The Commissioner of Town Planning, No.807, Anna Salai, Chennai 600 002.

2. The Commissioner of Corporation, Corporation of Coimbatore, Coimbatore - 1.

3. The Member Secretary, Local Planning Committee, Coimbatore.

Page No.3/4

S.S.SUNDAR , J.

and N.SENTHILKUMAR , J.

pvs 10.01.2024 Page No.4/4