Correspondent v. Director of Town and Country Planning
2014-08-04
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment : M. Jaichandren,J. 1. Heard Mr.Issac Mohanlal, the learned counsel appearing on behalf of the petitioner, Mr.M.Govindan, the learned Special Government Pleader appearing on behalf of the respondents 1 to 4 and Mr.S.Kumar, the learned counsel appearing on behalf of the fifth respondent. 2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that the second respondent may be permitted to withdraw the notices, dated 05.07.2013, 18.10.2013 and 22.04.2014, in view of the judgment rendered by a Division Bench of this Court, in a batch of writ petitions in W.P.(MD) Nos.1664 of 2013, 16785 to 16787 of 2013. Even though, a memo had been filed stating that liberty may be given to the respondents 1 to 4, to proceed against the violation, in continuation of the notice, dated 05.07.2013, under Sections 56 and 57 of the Tamil Nadu Town and Country Planning Act, 1971, and the other relevant laws, the learned Special Government Pleader appearing on behalf of the respondents had submitted, at this stage of the hearing of the matter, that all the notices, as stated above, may be permitted to be withdrawn. He had further submitted that the respondents 1 to 4 may be permitted to proceed against the petitioner school, in accordance with law, if it is found that the school had committed the violations, contrary to the provisions of the Tamil Nadu Town and Country Planning Act, 1971, by issuing a fresh notice, as may be found to be appropriate. 3. In view of the said submissions made by the learned Special Government Pleader appearing on behalf of the respondents 1 to 4, this Court finds it appropriate to permit the respondents 1 to 4 to withdraw the notices dated 05.07.2013, 18.10.2013 and 22.04.2014. However, in view of the permission granted for the withdrawal of the said notices, the present writ petition has become infructuous. Accordingly, the Writ Petition is closed, as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.