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Madras High CourtWP(MD)/12465/2015withdrawn dismissed

T.G. Sanathanam @ v. The Director Of Town

2016-11-14Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Monday, the Fourteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN WP(MD) No.12465 of 2015 and MP.(MD).NO.1 of 2015 T.G. SANTHANAM @ T.G. SANTHANA BATTAR, S/O. A.T. GOVINDA NARAYANA BATTAR, THIRUVALLARAI POST, MANNACHANALLUR TALUK, TIRUCHIRAPALLI - 621 009. ... PETITIONER Vs 1 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, NO. 807, ANNA SALAI, CHENNAI - 2.

2 THE DISTRICT COLLECTOR, 3 THE ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING, NO. 10, WILLIAMS ROAD, CANTONMENT, TIRUCHIRAPALLI DISTRICT.

4 THE BLOCK DEVELOPMENT OFFICER, MANACHANALLUR POST, 5 THE PRESIDENT MADHAVA PERUMAL VILLAGE PANCHAYAT, MANACHANALLUR PANCHAYAT UNION, 6 THE SUB REGISTRAR MANACHANALLUR, TIRUCHIRAPALLI DISTRICT.

7 SUMATHI, W/O. MURALIDHARAN, 8 GIRIJA, W/O. MARIMUTHU, 9 R. MARIMUTHU, S/O. RENGARAJ, ... RESPONDENTS Prayer in WP.(MD).No.12465/2015:

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of

Mandamus, directing the respondents 1 to 5 to take action against the respondents 7 to 9 for unlawful development of Rajagiri Nagar Layout and to direct the respondents 1 to 6 to stop all further developments either by way of sale or construction or any other development at Rajagiri Nagar Layout admeasuring an extent of 1,07,312 square feet and comprised in Survey Nos. 190/6, 190/7 part, 170/1, 190/7 part 170/A, 193/3 part, 170/4, 193/4 etc. situate at Madhava Perumal Kovil Village, Manachanallur Taluk, Tiruchirappalli District.

ORDER : This matter having been posted under the caption "For Being Mentioner" on 14.11.2016 and upon hearing Mrs.J.Maria Roseline, Advocate for petitioner and of Mr.J.Gunaseelan Muthiah, Government Advocate appearing for respondents 1 to 4 and 6, the Court made the following order:

The matter is taken up for hearing today under the caption of 'Being Mentioned'.

2. The petitioner has filed the writ petition directing the respondents 1 to 5 to take action against the respondents 7 to 9 for unlawful development of Rajagiri Nagar Lay out.

3. During the course of argument, the learned Government Advocate appearing for the respondents submits that already approval has been granted in favour of the respondents 7 to 9.

4. In the above circumstances, the petitioner sought permission to withdraw the writ petition with liberty to challenge the approval granted for Rajagiri Nagar, since the copy of the technical approval was not furnished to the petitioner, the third respondent is directed to give a copy of the technical approval granted to the respondents 7 to 9, to the petitioner so as to to enable him to challenge the same, within a period of three weeks from today. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar TO 1 THE DIRECTOR OF TOWN AND COUNTRY PLANNING, NO. 807, ANNA SALAI, CHENNAI - 2.

2 THE DISTRICT COLLECTOR, 3 THE ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING, NO. 10, WILLIAMS ROAD, CANTONMENT, TIRUCHIRAPALLI DISTRICT.

4 THE BLOCK DEVELOPMENT OFFICER, MANACHANALLUR POST, 5 THE PRESIDENT MADHAVA PERUMAL VILLAGE PANCHAYAT, MANACHANALLUR PANCHAYAT UNION, 6 THE SUB REGISTRAR MANACHANALLUR, TIRUCHIRAPALLI DISTRICT.

7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S. J.MARIA ROSELINE Advocate SR.No.57377 +1cc to special Government Pleader sR.No.57765 Order Date :14/11/2016 FOR BEING MENTIONED

ORDER

WP(MD) No.12465 of 2015 and MP.(MD).NO.1 of 2015 Giving directions etc., as stated within.

sm:MPA:SAR 1:30/11/2016:3P/10C