Saraswathi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.1076 of 2021 and W.M.P.No.1197 of 2021 1.Saraswathi 2.Parameswari ... Petitioners -vs1.The Commissioner Coimbatore Corporation Coimbatore.

2.The Local Planning Authority First Floor, Raju Naidu Street, Sivanandha Colony Coimbatore - 641 012.

3.Coimbatore Municipal Corporation North Zone, Chinna Vedampatti Coimbatore.

4.M.Ponnusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to forthwith take action against the un-authorised construction being made by the 4th respondent in his property comprised at S.F.No.89/1B, Chinna Vedampatti Village, Coimbatore North Zone, Coimbatore without leaving any setback spaces by considering the representation of the petitioner dated 11.11.2020, in a time bound manner.

For petitioners : Mr.A.Thiyagarajan For respondents : Mr.K.Magesh, Standing Counsel for RR1 & 3 Mr.M.Guruprasad for R4 R2- Service awaited.

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ORDER

(Order of the Court was made by K.KALYANASUNDARAM, J.,) The petitioners have come up with this writ petition, for issuance of writ of mandamus to forthwith take action against the un-authorised construction put up by the 4th respondent at S.F.No.89/1B, Chinna Vedampatti Village, Coimbatore North Zone, Coimbatore.

2.The learned counsel for the petitioners, Mr.A.Thiyagarajan, as well as the learned Standing Counsel, Mr.Magesh, appearing for the respondents 1 and 3 and Mr.M.Guruprasad, learned counsel appearing for the 4th respondent would state that based on the representation of the petitioners dated 11.11.2020, the officials of the Coimbatore Municipal Corporation have initiated action against the 4th respondent. 3.In the light of the above submission, we are of the considered opinion that the prayer sought in this writ petition has become infructuous. Hence, the writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar Jer To 1.The Commissioner Coimbatore Corporation Coimbatore.

2.The Local Planning Authority First Floor, Raju Naidu Street, Sivanandha Colony, Coimbatore - 641 012.

3.Coimbatore Municipal Corporation North Zone, Chinna Vedampatti Coimbatore.

+1cc to Mr.K.Magesh, Advocate SR.No.60590 W.P.No.1076 of 2021 and W.M.P.No.1197 of 2021 GPL(CO) GMY(10/12/2021) https://hcservices.ecourts.gov.in/hcservices/