The Directorate Of Town And Country Plaining v. Society Of St.Marys Madurai (3/1922-23)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.A.(MD)No.519 of 2024 and C.M.P.(MD)No.4091 of 2024 1.The Directorate of Town and Country Planning, Office of Directorate of Town and Country Planning, 2nd, 3rd & 4th Floor, E and C Market Road, Koyambedu, Chennai-600 107.

2.The Member Secretary, Madurai Local Planning Authority, Corporation Office Building, Anna Maligai 3rd Floor, Madurai-625 002.

3.The Assistant Director and District Town and Country Planning Officer, Madurai District Town and Country Planning Office, Sector-VI, Anaiyur-Mudakkathan Main Road, Opp.to Vagai Apartments, Koodalpudur, Madurai-625 017.

... Appellants -Vs1.Society of St.Mary's, Madurai(3/1922-23), A Society registered under Act XXI of 1860, rep. by its Procurator, Edward Bruno Raj 2.The Commissioner, Madurai Corporation, Madurai.

... Respondents

PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 27.09.2023 passed in W.P.(MD)No.18480 of 2023 on the file of this Court.

For Appellants : Mr.T.Amjadkhan, Government Advocate For R1 : Mr.Prem Ayyathuraj For R2 : Mr.S.Vinayak

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This Writ Appeal is directed against the order dated 27.09.2023 made in W.P.(MD)No.18480 of 2023 on the file of this Court. 2.Mr.T.Amjadkhan, learned Government Advocate appearing for the appellants has submitted that in connected Writ Appeal in W.A.(MD)No.414 of 2024, vide order dated 19.03.2024, 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 1 and 2 respectively 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. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.A.(MD)No.519 of 2024 27.03.2024