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Madras High CourtWP(MD)/14538/2016withdrawn dismissed

A.Raja, S/O.Andi Ambalam v. The Director Of Town And

2016-10-21Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.14538 of 2016 and WMP(MD)No.10802 & 10803 of 2016 A.Raja

...Petitioner

-vs1.The Director of Town and Country Planning, Chennai.

2.The Member Secretary, Madurai Local Planning Authority, Corporation Office Building, Anna Maligai III Floor, Madurai 625 002.

3.The Commissioner, Madurai Corporation, Madurai.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 2nd respondent in his proceedings in Online Scrutiny No.MCTPNZ (4706) 16 dated 16.04.2016 and quash the same as illegal and consequentially to direct the respondents to approve the plan submitted by the petitioner for construction of a house in the land in R.S.No.120/1C C Ward No.32 Zone 2 Vandiyur I Bit Village Vandiyur Madurai Corporation by treating the reservation of the above said land for public purpose in Vandiyur D.D plan No.4 as lapsed in the light of Section 38 of Tamilnadu Town and Country Planning Act, 1971 (TN Act 35 of 1974). For Petitioner : Mr.B.Ramanathan For RR - 1 & 2 : Mr.M.Murugan, Govt.Advocate For R - 3 : Mr.N.Shanmuga Selvam

O R D E R

The learned counsel for the petitioner sought permission of this Court to withdraw the Writ Petition. He has made an endorsement to that effect and also circulated a letter dated 05.10.2016 to the Registry, wherein it has been stated as follows: ".. The writ petitioner does not want to pursue the above said writ petition and instructed me to withdraw the said case.

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Therefore, it prayed that your Honour may be pleaded to direct the registry to post the above referred case in the list for withdrawal on 06.10.2016."

2. In view of the letter dated 05.10.2016 circulated to the Registry and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn. Consequently connected WMP(MD)Nos.10802 & 10803 of 2016 are closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS) To 1.The Director of Town and Country Planning, Chennai.

2.The Member Secretary, Madurai Local Planning Authority, Corporation Office Building,Anna Maligai III Floor, Madurai 625 002.

3.The Commissioner, Madurai Corporation, Madurai.

+1CC to the Special Government Pleader, SR.No. 62912 W.P(MD)No.14538 of 2016 and WMP(MD)No.10802 & 10803 of 2016 21.10.2016 mj AM/CK/SAR-3/24.10.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/