Madras High CourtWP(MD)/7439/2017withdrawn dismissed

M/S.Swamy Enterprises v. The Member Secretary

2017-07-13Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7439 of 2017 and W.M.P(MD).No.5829 of 2017 M/s.Swami Enterprises rep. By its Partner A.Ganesan ... Petitioners vs.

1.The Member Secretary, Thoothukudi Local Planning Authority, No.51, West Car street, Thoothukudi.

2.The Commissioner, Thoothukudi Corporation, Thoothukudi.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining to the proceedings of the first respondent herein in Na.Ka.No.509/2013 TLPA dated 07.11.2016 quash the same.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The learned counsel for the petitioner made an endorsement indicating that he is withdrawing the writ petition with liberty to approach the statutory authority under the Tamil Nadu Town & Country Planning Act, 1971.

2.In view of the endorsement so made, this writ petition is dismissed as withdrawn with such liberty. We make it clear that in case, the petitioner initiates appropriate proceedings before the appropriate authority within a period of two weeks from today, the time spent by the petitioner for prosecuting the present writ https://hcservices.ecourts.gov.in/hcservices/

petition would be excluded for the purpose of limitation. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(AD-II) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Member Secretary, Thoothukudi Local Planning Authority, No.51, West Car Street, Thoothukudi.

2.The Commissioner, Thoothukudi Corporation, Thoothukudi. +1cc to M/S.C.K.M.APPAJI, Advocate SR.No.65345 +1cc to Special Government Pleader, SR.No.66077 Arul /Skm MAS/SKN-RSK/SAR1:26.07.2017:2P-5C W.P(MD)No.7439 of 2017 and W.M.P(MD).No.5829 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/