Senapiratti Housing Board v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.5660 of 2018 and W.M.P.(MD).No.5551 of 2018 Senapiratti Housing Board Residents Welfare Association, [Regn No.20/2018], Rep by its Secretary, Mr.V.Ravikumar, TNHB NHS Phase-I and Phase-II, HIG.21, Tamil Nadu Housing Board, Senapiratty, S.Vellalapatti, Karur 639 004, Karur District.

: Petitioner Vs.

1. The State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The State of Tamil Nadu, Rep by its Secretary to Government, Department of Town and Country Planning, Secretariat, Chennai 600 009.

3. The State of Tamil Nadu, Rep by its Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

4. The District Collector, Karur District, Karur.

5. The Revenue Divisional Officer, Karur.

6. The Tahsildar, Karur Taluk, Karur.

7. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai 600 003.

8. The Chief Engineer, Trichy Housing Unit, Tamil Nadu Housing Board, Kajamalai, Trichy 620 020.

9. The Executive Engineer & Administrative Officer, Trichy Housing Unit, Tamil Nadu Housing Board, Kajamalai, Trichy 620 020.

10. The Commissioner, Karur Municipality, Karur.

11.The Executive Engineer, Tamil Nadu Slum Clearance Board, Palakkarai, Trihy 620 008.

12.The Executive Engineer, Tamil Nadu Slum Clearance Board, Tiruppur, Tiruppur District.

13.M/s.Tharun Construction & Co., Represented by its Managing Director, Mrs.T.Amutha, No.2/249, Kolaram Post, Paramathy Velur Taluk, Namakkal District.

: Respondents [R-13 impleaded vide order dated 18.04.2018 made in W.M.P.(MD). No.7794 of 2018] PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 12 to permanently preserve and forbear the construction of any houses or building on the (i) "Open Reserve Site" of 2250 sq.mt in Senapiratty NHS Phase-II, Stage-I [Survey No.1408 Part]" and (ii) "Open Reserve Site" of 2935 sq.mt, in Senapiratty NHS Phase-II, Stage-II [Survey No.1399 Part and 1400 Part] earmarked and being used as Playground and to be used for Bank in Tamil Nadu Housing Board - Senapiratty Neighbourhood Scheme Area located in Survey Nos.1399, 1400, 1404 and 1408 in Senapiratty Village, S.Vallalapatti, Karur -4.

For petitioner : Mr.T.Sakthikumaran For respondent Nos.1 to 6 : Mr.M.Rajarajan Government Advocate For Respondent Nos.7&8 : No Appearance For Respondent No.9 : Mr.V.Sivaramalingam For Respondent No.10 : Mr.D.Raghu For Respondent Nos.11&12 : Mr.P.Mahendran Standing Counsel For Respondent No.13 : Mr.R.Chamundi Bose For Mr.P.Chandrasekaran

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The learned counsel appearing for the petitioner has made an endorsement indicating that the petitioner is withdrawing the Writ Petition.

2. In view of the endorsement so made, the Writ Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

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

1. The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai 600 009.

2. The Secretary to Government, Department of Town and Country Planning, Secretariat, Chennai 600 009.

3. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

4. The District Collector, Karur District, Karur.

5. The Revenue Divisional Officer, Karur.

6. The Tahsildar, Karur Taluk, Karur.

7. The Commissioner, Karur Municipality, Karur.

+ 1 CC TO Mr.T.SAKTHIKUMARAN, ADVOCATE IN SR No. 63807 + 1 CC TO Mr.P.MAHENDRAN, ADVOCATE IN SR No. 64072 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64987 NB TE/SV-MMS/SAR-3 : 22/05/2018 : 3P/11C ORDER MADE IN W.P.[MD].No.5660 of 2018 27.04.2018