Madras High CourtWP(MD)/19863/2016dismissed as withdrawal

A.Marimuthu v. The Government Of Tamilnadu

2016-11-22Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.19863 of 2016 and W.M.P.(MD)No.14343 of 2016 Mr.A.Marimuthu : Petitioner Vs.

1.Government of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai-9.

2.The Member Secretary -cum- Regional Deputy Director, Pudukottai Combined Town & Country Planning Authority, Sivagangai Region, 430, Gandhi Veedhi, Sivagangai-630 561.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the second respondent from in anyway interfering with the petitioner's premises constructed at Town Survey No.2429, Door No.2382, West Raja Veedhi, Pudukottai, Tamil Nadu - 622 001, particularly, by way of locking and sealing pending final determination of the petitioner's review petition dated 30.09.2016 pending before the first respondent under Section 80A of the Town and Country Planning Act, 1971, against the second respondent's letter No.Na.Ka.No.1803/2014/C.Ma-3, dated 19.09.2016. For Petitioner : Mr.S.Sundaresan For Respondents : Mr.M.Govindan, Special Government Pleader

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The learned counsel for the petitioner seeks permission of this Court to withdraw the Writ Petition and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel for the petitioner, the Writ Petition is dismissed as withdrawn, however, with cost of Rs.1,00,000/- (Rupees One Lakh only). The cost amount shall be paid by way of demand draft drawn in the name https://hcservices.ecourts.gov.in/hcservices/

of the Headmaster, Government Higher Secondary School, Vandaiyar Iruppu, Thanjavur District. The cost amount shall be paid on or before 21.11.2016. The Headmaster of the said School is directed to spend the said amount for providing toilet facilities for the School children and other similar facilities. The Chief Educational Officer, Thanjavur shall ensure that this amount is spent for construction of toilets and it is completed without delay and report the compliance to the Registry.

3. The learned counsel for the petitioner shall present the demand draft to the Registrar (Administration) of this Bench, who, in turn, shall forward the same to the Headmaster, Government Higher Secondary School, Vandaiyar Iruppu, Thanjavur District forthwith.

4. The Registry is directed to list the matter on 22.11.2016 'for reporting compliance'.

Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai-9.

2.The Member Secretary -cum- Regional Deputy Director, Pudukottai Combined Town & Country Planning Authority, Sivagangai Region, 430, Gandhi Veedhi, Sivagangai-630 561. 3 The Chief Educational Officer, Thanjavur.

4 The Head Master, Government Higher Secondary School, Vandiyar Iruppu, Thanjavur District.

Copy To: 1. THE REGISTRAR(ADMIN) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SECTION OFFICER,WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

(for posting the case on 22.11.2016) +1 cc to The Special Government Pleader in SR.No. 69322/16 Order made in W.P.[MD].No.19863 of 2016 Dated: 15.11.2016 SML CSL/SK-SKN/SAR-J/21.11.2016: 2P/8C https://hcservices.ecourts.gov.in/hcservices/