M.Dhanarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.17451 of 2017 and W.M.P.No.28354 of 2017 M.Dhanarajan .. Petitioner Vs.

1. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Tiruvallore District.

2. The Member Secretary, CMDA, Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Egmore, Chennai-8.

3. M/s.A.S.Shipping Corporation Limited, Noombal Road, Noombal Village, Chennai-600 077.

4. M/s.Greenways Shipping Corporation Limited, Noombal Road, Noombal Village, Chennai-600 077.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the First Respondent to consider the Petitioner's Representation, dated 02.11.2016 made to them, to initiate action against the Respondent Nos.3 and 4 for the construction of warehouses as illegal.

For Petitioner : Mr.V.Nithyanandam For Respondents : Mr.R.Mohandoss for R-1 Mr.Karthick Rajan for R-2 Mr.V.Perumal for RR-3 and 4 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(The Order of the Court was made by M.Venugopal, J) The Learned Counsel for the Petitioner has made an Endorsement in the Writ Petition to the effect that the Writ Petition may be Dismissed as Withdrawn, with Liberty to the Petitioner to file a Writ Petition challenging the Approval of the First Respondent granted to the Respondent Nos.3 and 4, contrary to G.O.Ms.No.234, Housing and Urban Development Department, dated 30.10.2012 and G.O.Ms.No.235, Housing and Urban Development Department, dated 30.12.2012.

2. Recording the aforesaid fact and the Endorsement so made, the present Writ Petition is Dismissed as Withdrawn, granting Liberty to the Petitioner to assail the aforesaid G.Os. of the Tamil Nadu Government, before appropriate Forum, of course, in the manner known to Law and in accordance with Law, if he so desires/if he is so advised. No costs. Consequently, W.M.P. is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar cs To

1. The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Tiruvallore District.

2. The Member Secretary, CMDA, Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Egmore, Chennai-8.

+2 ccs to Mr.V.Nithyanandam, Advocate SR No.83841 +1 cc to Mr.Karthik Rajan, Advocate SR No.83771 +1 cc to Mr.R.Mohandoss, Advocate SR No.83744 W.P.No.17451 of 2017 ssd(co) ssm(20/12/18) https://hcservices.ecourts.gov.in/hcservices/