Jayanthi Kumar, v. The Member Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 34240 of 2019 and W.M.P. No. 34872 of 2019 Jayanthi Kumar ... Petitioner -vs1. The Member Secretary, Chennai Metropolitan Development Authority, No. 1, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2. The Secretary, Ministry of Environment Forest & Climate Change (IA-III Division), Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

3. The Member Secretary, Tamil Nadu Coastal Zone Management Authority, Department of Environment, Ground Floor, Panagal Building, Saidapet, Chennai - 600 015.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Second Respondent vide his letter dated 05.04.2019 and quash the same and further directing the First Respondent to receive and process the revised planning permission application of the Petitioner in File NO. CMDA/PP/SB/C/0241/2019 dated 30.04.2019 which was returned on 03.07.2019 and accord sanction for 2 FSI in accordance with the amended regulations or Development Control Regulations.

For Petitioner :

Mr. S. Sundaresan For Respondents:

Mr. P. Thamizhmani, Standing Counsel (for R1) Mr. G. Karthikeyan, Assistant Solicitor General of India (for R2) Mr. E. Manoharan, Special Government Pleader (for R3)

O R D E R

Learned Counsel for the Petitioner submits that since the denial of the approval for planning permission is based on Coastal Zone Regulations, he seeks permission of this Court to withdraw the Writ Petition with liberty to challenge the Coastal Zone Regulations, and he has also made an endorsement to that effect, which is recorded.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar vjt To

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

2. The Secretary, Ministry of Environment Forest & Climate Change (IA-III Division), Indira Paryavaran Bhawan, Jorbagh Road, New Delhi - 110 003.

3. The Member Secretary, Tamil Nadu Coastal Zone Management Authority, Department of Environment, Ground Floor, Panagal Building, Saidapet, Chennai - 600 015.

+1cc to Mr.S. Sundaresan, Advocate SR.No.16637 W.P. No. 34240 of 2019 GMY(07/05/2020)