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Madras High CourtWA(MD)/513/2024partly allowed

The Director v. P. Suresh Kumar.

2024-03-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P.(MD)No.4073 of 2024 1.The Director, Directorate of Town and Country Planning, CMDA Office Complex, EC Market Road, Koyambedu, Chennai - 600 107.

2.The District Collector, Madurai District, 3.The Member Secretary, Madurai Local Planning Authority, 4.The Assistant Director / Member Secretary (I/c.), Local Planning Authority, Sector - 6, Anaiyur, Mudakkathan Main Road, Koodal Pudur, Madurai - 625 017.

: Appellants 1/5

Vs.

1.P.Suresh Kumar 2.The Commissioner, : Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed by this Court in W.P.(MD)No. 15870 of 2023 dated 27.09.2023 and allow the Writ Appeal. For Appellants : Mr.T.Amjad Khan Government Advocate For Respondent No.1 : Mr.V.Muthukamatchi For Respondent No.2 : Mr.K.K.Kannan Standing Counsel

JUDGMENT

************** [Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This Writ Appeal is directed against the order dated 27.09.2023 in W.P.(MD)No.15870 of 2023 on the file of this Court. 2.Mr.T.Amjad Khan, learned Government Advocate appearing for the appellants submitted that in connected Writ Appeal in W.A.(MD)No.414 of 2024, vide order dated 19.03.2024, 2/5

this Court removed the cost imposed on the appellant Department and since the issue involved in this appeal is squarely covered by the said decision, the same relief may be extended to this case also. 3.The learned counsel appearing for the respondents have no objection for setting aside the cost imposed by the Writ Court. 4.In view of the said submissions made by both the parties, this Writ Appeal stands partly allowed by setting aside the cost imposed on the appellant Department by the Writ Court. We make it clear that the rest of the portion of the order passed by the Writ Court remains unaltered. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [D.K.K.,J.] & [R.V.,J.] 28.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To The Commissioner, 4/5

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 28.03.2024 5/5