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Madras High CourtWP(MD)/16127/2013dismissed as infructuous

Hh The Prince Of Arcot - v. The Commissioner, Tamil Nadu -

2024-02-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.16127 of 2013 and M.P.(MD)No.1 of 2013 HH The Prince of Arcot Endowments, Represented by its Accrediated Agent, No.12, II Floor GMAK Block, NSB Link Road, Tiruchirappalli-620 002.

... Petitioner -Vs1.The Commissioner, Tamil Nadu Town and Country Planning, Anna Salai, Chennai.

2.The Assistant Director/Member Secretary, Town and Country Planning, Tiruchirappalli Local Planning Authority, 10, Williams Road, Cantonment, Tiruchirappalli-620 001.

3.Tiruchirappalli City Municipal Corporation, Represented by its Commissioner, Cantonment, Tiruchirappalli-620 001.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records culminated in the notice under

Rc.No.F1/3832/2012 UAC 73/12 dated 31.07.2013 on the file of the third respondent and quash the same as illegal, unenforceable, ultravires without jurisdiction in any manner whatsoever.

For Petitioner : Mr.K.S.Shankar Murali For R1 & R2 : Mr.V.Nirmal Kumar Government Advocate For R3 : Mr.J.Parek Kumar

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] The learned counsel for the petitioner submits that as against the notice impugned in this writ petition, the petitioner has filed an appeal under Section 79 of the Town and Country Planning Act before the Government and the said appeal is still pending.

2.In view of the above submission, no further adjudication is required to be undertaken in this writ petition. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 28.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta

To 1.The Commissioner, Tamil Nadu Town and Country Planning, Anna Salai, Chennai.

2.The Assistant Director/Member Secretary, Town and Country Planning, Tiruchirappalli Local Planning Authority, 10, Williams Road, Cantonment, Tiruchirappalli-620 001.

3.Tiruchirappalli City Municipal Corporation, Represented by its Commissioner, Cantonment, Tiruchirappalli-620 001.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta W.P.(MD)No.16127 of 2013 28.02.2024