Chennai Metropolitan v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 9851 of 2013 & M.P. No. 1 of 2013 Chennai Metropolitan Development Authority Area Limit Village Panchayat Presidents Association, rep. By its General Secretary, (Regn. No.249/2012) ... Petitioner Vs

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

2. Chennai Metropolitan Development Authority, rep. By its Member Secretary, Gandhi Irwin Road, Egmore, Chennai-600 008.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to delegate their power to concern Village Panchayat President for granting building permission of CMDA area limit as per G.O.Ms.71, Housing and Urban Development Department, dated 25.02.1999.

For Petitioner : Mr.A.Immanuel For Respondents: Mr.A.N.Thambidurai, Special Government Pleader for 1st Respondent Mr.P.S.Ganesh for 2nd respondent

O R D E R

1. The Writ Petition has been filed by Association of Presidents of Village Panchayat seeking for a direction to the respondent to implement the G.O.Ms.71, Housing and Urban Development Department, dated 25.02.1999.

2. Today, when the above Writ Petition was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner association consists of Village Panchayat within the Chennai Metropolitan Development area limit and now the tenure of the members has already been expired.

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3. On considering the fact that the Writ Petition is filed seeking for a direction to implement the Government Order, and as such, now the tenure of the members of the petitioner association has already been over, the association cannot seek the relief sought for in the Writ Petition. Hence, the present Writ Petition stands dismissed. However, it is always open to the association to approach this Court after the election to the local body has been conducted and new office-bearers are elected to the Village Panchayat. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar rpp To

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

2. Chennai Metropolitan Development Authority, rep. By its Member Secretary, Gandhi Irwin Road, Egmore, Chennai-600 008.

+1cc to Mr.A.Immanuel, Advocate SR.NO.54685 sm:4.9.2018 W.P. 9851 of 2013 and W.M.P.1 of 2013 https://hcservices.ecourts.gov.in/hcservices/