[Order of the Court was made by M.SATHYANARAYANAN, J.] After some arguments, the learned counsel for the petitioner, on instructions, seeks the permission of this Court to withdraw this writ petition, with a liberty to approach the Revisional Authority under Section 80A of the Tamil Nadu Town and Country Planning Act, 1971 and would further submit that he also filed a petition for stay under Section 80A(iii) of the said Act.
2 Per contra, Mr.T.Mohan the learned counsel appearing for the intervenor would submit that the petitioner has committed utter violation of the sanctioned plan and had put up the offending construction.
3 Heard the submissions of the learned counsel for the petitioner and Mr.P.Sanjay Gandhi, Additional Government Pleader appearing on behalf of respondent 1 and 6; Mr.K.Soundararajan, learned standing counsel appearing for Respondents 2 to 5 and Mr.N.Sampath, learned senior counsel appearing for 7th respondent.
4 In the light of the endorsement made by the learned counsel appearing for the petitioner, this writ petition is dismissed as withdrawn and the liberty sought for by the petitioner is granted to file a Special Revision Petition under Section 80A along with petition for stay under section 80-A [iii] of the Tamil Nadu Town and Country Planning Act, 1971, within a period of two weeks from the date of receipt of copy of this order and till such time, further proceedings in pursuant to the impunged notice dated 17.04.2017 shall be deferred with and upon receipt of the same, the Revisional Authority, viz., the Secretary to Government, State of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai-9, shall entertain the Special Revision Petition along with the petition for stay, if the papers are otherwise in order and after putting the intervenor, Mr.S.Srinivasan, on notice, the said official is at option either to take up the petition for stay or the main revision itself and give a disposal of the same in accordance with law as expeditiously as possible. No costs. Consequently, the connected miscellaneous petition is also closed.
M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai 600 001.
2. Corporation of Chennai, Rep. by Commissioner, Ripon Building, EVR Periyar Salai, Chennai 600 003.
3. Corporation of Chennai, Regional Office Central, 2nd Cross Street (East), Pulla Avenue, Shenoy Nagar, Chennai 600 030.
4. The Regional Deputy Commissioner (Central), Corporation of Chennai, Division No.95, Unit No.21, Zone : VIII, Pulla Avenue, Shenoy Nagar, Chennai 600 030
5. The Executive Engineer, Corporation of Chennai, Division No.95, Unit No.21, Zone : VIII, Pulla Avenue, Shenoy Nagar, Chennai 600 030
6. The Secretary, Housing and Urban Development Department, Secretariat, Fort. St. George, Chennai 600 009.
7. The Member Secretary, Chennai Metropolitan Development Authority, Gandhi Irwin Road, Egmore, Chennai 600 008 M.SATHYANARAYANAN,.J AND N.SESHASAYEE.,J W.P.No.23856 of 2017 WMP.No.25088 of 2017 11.09.2017