Madras High CourtWP(MD)/20655/2017dismissed for nonprosecution

D.Rajkumar v. The Commissioner

2018-01-31Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE MRS.JUSTICE R.HEMALATHA W.P(MD)No.20655 of 2017 and W.M.P(MD)No.16941 of 2017 .. Petitioner D.Rajkumar Vs.

1. The Commissioner, Town and Country Planning, 807, Anna Salai, Chennai - 600 002.

2. The Secretary to the Government of Tamilnadu, Housing and Urban Development Department, Rajaj Salai, St. George Fort, Chennai - 600 009.

3. Member Secretary, Madurai Local Planning Authority, Madurai Corporation Building, Anna Maligai, Madurai - 625 002.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the first respondent in his/her proceeding in ROC.No.13193/2017/LA2, dated 30.10.2017 and quash the same as illegal and consequently pass an order directing the respondents to strictly adhere to the provisions issued under G.O.172, dated 13.10.

2017 so as to prevent the first respondent from taking over the authority of the third respondent by directing the third respondent to forward the draft Layout Frame Work for Regularisation of Unapproved Layout to the appellate authority (first respondent) for vetting of the same, also prevent the first respondent from taking over the authority from the local body concerned for collecting Regularisation charges and Development charges, formally assigned to the local body concerned and to prevent the first respondent to revoke the approvals already granted under G.O.(MS) No.78, dated 04.05.2017, and to prevent the respondents from violating both G.O.(MS)No.78, dated 04.05.2017 and G.O.(MS)No.172, dated 13.10.2017.

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For Petitioner : No appearance For Respondents : Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] When the matter was listed on 19.01.2018, there was no representation, on behalf of the petitioner and hence, it was directed to be listed under the caption "for dismissal" on 29.01.2018 and the matter is listed today. Once again, there is no appearance on behalf of the petitioner. Therefore, this writ petition is dismissed for default.

Consequently, connected Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Town and Country Planning, 807, Anna Salai, Chennai-600 002.

2. The Secretary to the Government of Tamilnadu, Housing and Urban Development Department, Rajaj Salai, St. George Fort, Chennai-600 009.

3. The Member Secretary, Madurai Local Planning Authority, Madurai Corporation Building, Anna Maligai, Madurai-625 002.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 45549 CP/SMN TE/SV-MMS/SAR-3 : 19/02/2018 : 2P/5C ORDER MADE IN W.P(MD)No.20655 of 2017 and W.M.P(MD)No.16941 of 2017 31.01.2018 https://hcservices.ecourts.gov.in/hcservices/