The Director v. Gunasekaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and CMP(MD)Nos.6106 of 2024

1. The Director, Directorate of Town and Country Planning, 2nd, 3rd, & 4th Floor, C & E Market Road, Koyambedu, Chennai-600 107.

2. The Assistant Director, The District Urban Development Office, No.9, 1st Floor, Lakshmipuram North, Karur Town, Karur District.

... Appellants vs.

1. Gunasekaran

2. Shanmugam ... Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 27.09.2023 made in W.P(MD)No.16232 of 2023. For Appellants : Mr.N.Satheesh Kumar Additional Government Pleader Page No.1 of 4

JUDGMENT

(Judgment of the Court was made by R.SURESH KUMAR, J.) This writ appeal has been directed against the order passed by the Writ Court dated 27.09.2023 made in W.P(MD)No.16232 of 2023. 2.

In fact, it is a common order passed by the Writ Court dated 27.09.2023. As against the said common order, already writ appeal had been filed in W.A(MD)No.414 of 2024, where, the Division Bench passed orders only set aside the costs and other aspects of the order passed by the Writ Court was sustained. Following the same, when yet another writ appeal came up for consideration before us in W.A(MD)No.534 of 2024, where, by order dated 02.04.2024, we passed the following order:- ''4.Recording the said submission made by the learned Additional Government Pleader for the appellants, following the said order passed by the co-ordinate Bench of this Court, dated 19.03.2024, this Writ Appeal is partly allowed, where the order passed by the Writ Court, which is impugned herein, is to be sustained except the awarding of the cost. To that extent, the order impugned is modified. Accordingly, this Writ Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.''

3.

Since this appeal also arises out of the same common order, this writ appeal also has to face the same fate. Accordingly, the Writ Appeal is Page No.2 of 4

partly allowed where the order passed by the Writ Court impugned herein, is sustained except awarding of the costs. To that extent, the order impugned is modified. Accordingly, this Writ Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K., J.) (G.A.M., J.) 29.04.2024 Index : Yes / No : Yes / No bala To

1. The Director, Directorate of Town and Country Planning, 2nd, 3rd, & 4th Floor, C & E Market Road, Koyambedu, Chennai-600 107.

2. The Assistant Director, The District Urban Development Office, No.9, 1st Floor, Lakshmipuram North, Karur Town, Karur District.

Page No.3 of 4

R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

bala 29.04.2024 Page No.4 of 4