Madras High CourtWA(MD)/967/2013dismissed as infructuous

The Member Secretary v. A.Kubendran,S/O. A.Arumuga

2018-04-20Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI WA.[MD].No.967 of 2013 and M.P.[MD].No2 of 2013 in M.P.[MD].No.3 of 2012 in W.P.[MD].No.8380 of 2012 The Member Secretary, Madurai Local Planning Authority, Madurai.

.. Appellant/Respondent Vs.

A.Kuberan ... Respondent/Petitioner PRAYER: Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order of the learned single Judge of this Court, dated 15.03.2012 in M.P.[MD].No.3 of 2012 in W.P.(MD)No.8380 of 2012.

Prayer in MP(MD). 3/ 2012 in WP(MD).8380/2012 : To direct the respondent to issue the planning permission pursuant to the application submitted on 31/01/2012 by the petitioner herein forthwith without insisting to hand over the earmarked portion for proposed OSR (269.20 sq.mt), as gift as per the order in Na.Ka. No.175/12/Mathi dated 15/03/2012 of the respondent to enable the petiioner to carry on the construction pending disposal of the above Writ petition.

Prayer in WP(MD). 8380/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARIFIED MANDAMUS, to call for the records in proceedings in Na.Ka.No.175/12/Mathi 2, dated 15-03-2012, on the file of the Respondent, with respect to the special condition clause 1 and quash the same as illegal, incompetent, unconstitutional and without jurisdiction and further direct the Respondent to issue of planning permission to the proposed construction of the building and for consequential orders.

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For Appellant : Mr.C.M.Mari Chelliah Prabhu Special Government Pleader For Respondent : Mr.S.Ramesh for Mr.V.Raghavachari JUDGEMENT [Judgement of the Court was delivered by K.RAVICHANDRABAABU, J] This Writ Appeal is filed against the interim order passed in the writ petition in W.P.[MD].No.8380 of 2012.

2. Today, when the matter is taken up for final disposal, it is represented by the learned counsel appearing for the respondent that the main writ petition itself was disposed of, on 21.04.2015. Therefore, nothing survives in this Writ Appeal to be adjudicated upon further.

3. Accordingly, the Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/ Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To The Member Secretary, Madurai Local Planning Authority, Madurai.

WA.[MD].No.967 of 2013 and M.P.[MD].No2 of 2013 sji KK/KKR/11.05.2018/SAR-2/2P-2C https://hcservices.ecourts.gov.in/hcservices/