M/S.Akshaya Pvt. Ltd., v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08/04/2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.B.BALAJI W.P.(MD). No.9425 of 2021 M/s.Akshaya Pvt. Ltd., Rep by J. Ravi.
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Petitioner Vs 1 The State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
2 The Member Secretary, Tiruchirapalli Local Planning Authority, Tiruchirapalli.
3 The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli.
4 The Assistant Commissioner K-Abishekapuram Zone, Tiruchirapalli City Corporation, Puttur, Tiruchirapalli.
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Respondents 1/5
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to reminder notice, dated 23.04.2021, in Na.Ka. No.F1 /4851/2017 (file AB) of the 4th respondent herein and quash the same and consequently direct the Respondents herein to extend the Planning Permission for a further period of 3 years in respect of the Planning Permit No. 27/2014, dated 06.05.2014, for the project TRICHY RICH in T.S.No.62, 63, 64/1 and 64/3, Block No.1 Ward M, Old Ward - D, Salai Road, K.Abhishekapuram Zone, Tiruchirapalli. For Petitioner : Mr.C.Mahadevan For Respondents 1 & 2 : Mr.SRA.Ramachandran, Addl. Govt. Pleader.
For Respondents 3 & 4 : Mr.R.Baskaran, Addl. Advocate General.
ORDER
(Order of the Court was made by the Hon'ble The Chief Justice) After the petition was heard for some time, counsel for petitioner sought leave to withdraw the petition, with liberty to reply to the impugned communication dated 23rd April,2021. Counsel stated that the delay, if any, be condoned, and respondent be directed to give a personal hearing before passing an order.
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2. Sri R.Baskaran, learned Additional Advocate General appearing for the respondent Corporation, stated it is a fair suggestion and the Court may consider granting that request.
3. Keeping open the rights and contentions of parties, Writ Petition is dismissed as withdrawn, with liberty as prayed for. Representation/response to the impugned communication shall be submitted on or before 30th April, 2025. On or before 31st May, 2025, representation shall be disposed by respondent(s), by passing a reasoned order dealing with all submissions. Before passing the order, a personal hearing be given to petitioner, notice whereof shall be communicated at least three working days in advance.
4. We clarify that we have not made any observation on the merits of the matter.
5. No costs. Consequently, the connected W.M.P.(MD) Nos.7147 and 7148 of 2021 are closed.
(K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.) 08.04.2025 NCC : Yes/No Index : Yes/No dixit 3/5
To 1 The State of Tamil Nadu, Rep by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
2 The Member Secretary, Tiruchirapalli Local Planning Authority, Tiruchirapalli.
3 The Commissioner, Tiruchirapalli Corporation, Tiruchirapalli.
4 The Assistant Commissioner K-Abishekapuram Zone, Tiruchirapalli City Corporation, Puttur, Tiruchirapalli.
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THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.
dixit WP(MD) No.9425 of 2021 Date : 08/04/2025 5/5