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Madras High CourtWP(MD)/22626/2017withdrawn dismissed

Mr.A.K.Inayat, Rep. By His v. The State Of Tamil Nadu,

2019-01-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD]Nos.22626, 22971, 22973, 22974 of 2017 and 2259 of 2018 and W.M.P.[MD]Nos.18924, 19294, 19295, 19298, 19299, 19300 of 2017 and 2481 & 2482 of 2018 Mr.A.K.Inayat, Rep. by His Power Agent, Mr.A.K.Najmal ... Petitioner in WP(MD). 22626/ 2017 J.Sudakar ... Petitioner in WP(MD). 22971/ 2017 J.Rani Bharathi ... Petitioner in WP(MD). 22973/ 2017 Saantham Matric Higher Secondary School, Rep. Through its Correspondent, S.Santha Sathish, Vilpatti Road, Naidupuram, Kodaikanal, Dindigul District ... Petitioner in WP(MD). 22974/ 2017

1. S.Saravanan

2. R.Sakthivel

3. S.Chandra

4. S.Karthick ... Petitioner(s) in WP(MD). 2259/ 2018 Vs.

1.The State of Tamil Nadu, Represented by the Principal Secretary, Department of Municipal Administration & Water Supply, Fort St. George, Chennai - 600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Member Secretary / Commissioner, Kodaikanal Municipality and Kodaikanal Local Planning Authority, Kodaikanal, Dindigul District.

4.The Executive Engineer, TANGEDCO, Kodaikanal Municipality.

: Respondents in all WP's [R4 is Suo Motu impleaded vide Court order dated 10.01.2019.] PRAYER IN WP(MD)No.22626 OF 2017: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ka.Vi.No.26/2011/F1 dated 16.12.2016 on the file of the respondent No.3 and the consequential order in Govt. Letter (P) No.248/NaNi.1/2017 dated 19.06.2017 on the file of the respondent No.1 and the consequential order in Ka.Ma.No.26/2011/F1 dated 15.11.2017 on the file of the respondent No.3 and quash the same as illegal.

Prayer in WP(MD). 22971/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ma.No.52/2012/F.1 dated 24.06.2015 on the file Respondent No.3 and the consequential order in Govt.Letter(P)No.129/NaNi.1/2016 dated 01.03.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.4451//2015/F1 dated nil.09.2017 signed on 27.10.2017 on the file of the respondent No.3 and quash the same as illegal.

Prayer in WP(MD). 22973/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.Ka.No.3139/2007/F1 dated 29.02.2016 on the file Respondent No.3 and the consequential order in Govt.Lr.No.Pa.No.91/Na.Nee.1/2017 dated 02.03.2017 on the file of the respondent No.1 and the consequential order in Letter No.12303/MA-1/2017-1 dated 16.08.2017 on the file of the respondent No.1 and quash the same as illegal. Prayer in WP(MD). 22974/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Na.ka.No.2705/2007/F1 dated 06.07.2015 on the file Respondent No.3

and the consequential order in Govt.Letter(P)No.128/NaNi.1/2016 dated 01.03.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.2705//2007/F1 dated 13.09.2017 signed on 13.11.2017 on the file of the respondent No.3 and quash the same as illegal.

Prayer in WP(MD). 2259/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.No.2931/2007/F1 dated 08.07.2015 on the file of the respondent No.3 and the consequential order in Govt.Letter (P) No.364/NaNil.1/2016 dated 18.08.2016 on the file of the respondent No.1 and the consequential order in Na.Ka.No.2931/2007/F1 dated 13.09.2017 signed on 13.11.2017 on the file of the respondent No.3 and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For Respondents 1 & 2 : Mr.N.Shanmugaselvam Additional Government Pleader For Respondent No.3 : Mr.T.S.Md.Mohideen For Respondent No.4 : Mrs.J.Parameswari for Mr.S.M.S.Johnny Basha Standing Counsel for TNEB [In all writ petitions] COMMON ORDER [Order of the Court was made by G.R.SWAMINATHAN, J.] The learned Counsel for the writ petitioners states that he has been instructed to withdraw these writ petitions. He has also made an endorsement to that effect.

2.Accordingly, these Writ Petitions stand dismissed as withdrawn. However, it is made clear that the buildings which has been put up in violation of the building Rules, which remain currently sealed will continue to remain sealed. The de-sealing will take place only after the order in accordance with law is passed to that effect.

3.The learned Standing Counsel for the TANGEDCO, informed this Court that electricity supply to the buildings in question have already been disconnected.

4.The said status will continue till appropriate orders are passed in accordance with law by the competent authorities. No costs. Consequently, connected miscellaneous petitions are closed. SD ASSISTANT REGISTRAR (CO) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) To 1.The Principal Secretary, State of Tamil Nadu, Department of Municipal Administration & Water Supply, Fort St. George, Chennai - 600 009.

2.The District Collector, Dindigul District, Dindigul.

+4CC'S TO MR.T.LAJAPATHI ROY, ADVOCATE SR 44100, 44101, 44103, 44104 +5 CC'S TO MR.T.S. MOHAMED MOHIDEEN, ADVOCATE SR 44131 TO 44135 Common Order made in W.P.[MD]Nos.22626, 22971, 22973, 22974 of 2017 and 2259 of 2018 Dated: 31.01.2019 mr JM/24.09.2019/4P-12C