Cuddalore Thirupathirupuliyur Kesava Nagar v. The District Collector
2024:MHC:2563
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & W.M.P.No.17275 of 2021 in Cuddalore Thirupathirupuliyur Kesava Nagar Residences Welfare Association A Registered Society Registered No.69/2020 Rep. by its Secretary D.Kannna No.19/10, T.S.No.1260/1, Ward No.5 Block No.35, Kesava Nagar Thirupapuliyur Cuddalore Town & Taluk ... Petitioner Vs.
1.
The District Collector Cuddalore District Page Nos.1/6
2.
The Commissioner Cuddalore Municipality 3.
The Member Secretary (i/c) Cuddalore Local Planning Authority No.6/4, Srinivasa Pillai Street Pudupalayam Cuddalore - 607 001 4.
V.P.S.Ganesan 5.
A.M.Agastia Bharathy 6.
Lalitha 7.
The Government of Tamil Nadu Represented by the Principal Secretary to Government, Municipal Administration and Water Supply Department Secretariat, Chennai - 600 009 8.
The Commissioner of Municipal Administration Commissioner of Municipal Administration, 11th Floor, Urban Administrative Blog (Opp. CIBA Building) No.75, Santhome High Road M.R.C. Nagar Raja Annamalaipuram Chennai - 600 028 ... Respondents (R7, R8 suo motu impleaded vide order dated 19.01.2021 made in W.P.No.930 of 2021) Writ Petition filed under Article 226 of the Constitution of India Page Nos.2/6
praying to issue a Writ of Mandamus, directing respondents 1 to 3 to remove the illegal encroachments made by respondents 4 to 6 in the Petitioner Association's Children Play Space area situate in North East portion of T.S.No.1260/1, Ward No.5, Block No.35, Kesava Nagar, Thirupapuliyur, Cuddalore Town & Taluk, Cuddalore.
For Petitioner :
Mr.P.Dinesh Kumar For Respondents :
Mr.T.K.S.Saravanan Government Advocate for R1, R7 and R8 No Appearance for R2, 3, 4, 5 and 6
O R D E R
[Order of the Court was made by M.SUNDAR, J.,] This common order will govern the captioned main 'Writ Petition' ['WP' for the sake of brevity] and 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity] thereat.
2. A terse order will suffice as we are informed by Mr.P.Dinesh Kumar, learned counsel on record for writ petitioner that there is a happy ending to the matter.
3. To be noted, Mr.T.K.Saravanan, learned Government Advocate is before us for R1, R7 and R8. Presence of R2 [Commissioner of Cuddalore Municipality], R3 [Member Secretary of Cuddalore Local Planning Page Nos.3/6
Authority] as well as R4 to R6 (private respondents) really does not matter as learned counsel for writ petitioner very fairly submits that pursuant to earlier proceedings made by previous predecessor Hon'ble Division Benches, the encroachments have since been removed and the children play space area is now being maintained by the writ petitioner but vests with the Municipality. Learned counsel also fairly submitted that a closure can be given to the matter.
4. Captioned WP is disposed of as closed recording the aforementioned stated position of the writ petitioner but we make it clear that the rights of the writ petitioner and/or any one concerned with the matter stands preserved for coming to this Court on the same issue, if there is any change of circumstances. Consequently, W.M.P.No.17275 of 2021 is closed. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 05.07.2024 Index : Yes / No Speaking / Non-speaking order gpa Page Nos.4/6
To 1.
The District Collector Cuddalore District 2.
The Commissioner Cuddalore Municipality 3.
The Member Secretary (i/c) Cuddalore Local Planning Authority No.6/4, Srinivasa Pillai Street Pudupalayam Cuddalore - 607 001 4.
The Principal Secretary to Government, Government of Tamil Nadu Municipal Administration and Water Supply Department Secretariat, Chennai - 600 009 8.
The Commissioner of Municipal Administration, Commissioner of Municipal Administration, 11th Floor Urban Administrative Blog (Opp. CIBA Building) No.75, Santhome High Road M.R.C. Nagar Raja Annamalaipuram Chennai - 600 028 Page Nos.5/6
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa 05.07.2024 Page Nos.6/6