Jeyabarathi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P.(MD)No.1 of 2013 Jeyabarathi ... Petitioner Vs.

1.The Commissioner Karaikudi Municipality, Karaikudi, Sivagangai District.

2.The Director Town and County Planning, Annasalai, Chennai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records

relating to proceedings in U.A.C.100/2011/F2 dated 01.11.2013 issued by the first respondent and quash the same with a consequential direction to grant plan approval to the building constructed in Sy.No.84, Ward No.3, Block No.47 at Soodamanipuram Village, 100 Feet Road, Kraikudi, Sivagangai District, vide the petitioner's application dated 28.12.2011.

For Petitioner : Mr.D.Saravanan For Respondents : Mr.D.Venkatesh - for R1 Mr.T.Amjad Khan - for R2 Government Advocate

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.D.Saravanan, learned counsel for the petitioner, Mr.D.Venkatesh, learned counsel for the first respondent and Mr.T.Amjad Khan, learned Government Advocate appearing for the second respondent.

2. The petitioner is challenging the notice, dated 01.11.2013 for removal of the unauthorized structure. The petitioner

seeks further direction to grant plan approval to the building constructed in Survey No.84, Ward No.3, Block No.47 at Soodamanipuram Village.

3. The learned counsel for the petitioner submits that the petitioner has taken away the file in the year 2017 itself.

4. The petitioner has not made any arrangment for engaging another counsel. It appears that the petitioner is not interested in prosecuting the matter.

5. In light of that, Writ Petition is dismissed for non-prosecution. No costs. Consequently, connected miscellaneous petition is closed.

[S.V.G., C.J.] [L.V.G., J.] 30.11.2023 Index : Yes / No RM

To 1.The Commissioner Karaikudi Municipality, Karaikudi, Sivagangai District.

2.The Director Town and County Planning, Annasalai, Chennai.

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.

RM 30.11.2023