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Madras High CourtWA(MD)/1295/2024allowed

The Director v. R.Sivakumar

2024-08-05Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P(MD)No.10005 of 2024 1.The Director, Town and Country Planning, No.807, Anna Salai, Chennai-600 002.

2.The Assistant Director, Theni District Town and Country Planning Office, Door No.446/a Ward-17, Nehruji Street, Allinagaram, Theni-625 531. ... Appellants / Respondents 1 & 2 -vs1.R.Sivakumar ... 1st Respondent/Writ Petitioner 2.The Member Secretary, Local Planning Authority, Cumbum Municipality, Cumbum-625 516, Theni District.

3.The Commissioner, Cumbum Municipality, Cumbum-625 516, Theni District.

... 2nd & 3rd Respondents / 3rd & 4th Respondents

PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order dated 27.09.2023 passed in W.P(MD)No.17870 of 2023. For Appellants :

Mr.P.T.Thiraviyam Government Advocate For R-1 : Mr.M.Karuppasamy Pandian

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] Mr.M.Karuppasamy Pandiyan, learned counsel takes notice for the first respondent.

2.It is brought to our notice that against the very same common order, which is impugned in this Appeal, W.A.(MD)No.1226 of 2024 was filed and the predecessor Bench following an earlier order made in W.A.(MD)No.534 of 2024, had set aside the direction regarding the payment of costs alone.

3.In view of the same, this Writ Appeal is allowed to that extent and the imposition of cost alone is set aside. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 05.08.2024 NCC :Yes/No Index :Yes/No Mrn/Sml

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn / Sml 05.08.2024