Madras High CourtWMP/2007/2017injunction made absolute

K.Munisekar v. The District Collector

2017-03-23Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Twenty Third day of March Two Thousand Seventeen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH WMP No.2007 of 2017 IN WP.2002/2017 K.MUNISEKAR [ PETITIONER ] Vs 1 THE DISTRICT COLLECTOR [ RESPONDENTS] NAGAPATTINAM DISTRICT, NAGAPATTINAM 2 THE BLOCK DEVELOPMENT OFFICER, AANAICKARANCHATHIRAM PANCHAYAT UNION, KOLLIDAM, NAGAPATTINAM DISTRICT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant ad-interim injunction restraining the respondents from converting the park and playground situated in approved layout No.15/88, in Survey No.427/2 at Vijay Nagar within the limits of Aanaickaranchathiram Panchayat Union, Kollidam, Sirkali Taluk, Nagapattinam District, in ( WMP No.2007 of 2017 IN WP.2002/2017).

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.SHIVAKUMAR Advocate for M/S.K.M.VIJAYAN ASSOCIATES, Advocate for the petitioner and of M/S.DHANANJEYAN Special Government Pleader for the 1st Respondents and of 2nd Respondent not Appearing either in person or by an Advocate the court made the following order:- When the matter is taken up for hearing, there is no representation on behalf of the second respondent. The counter affidavit filed also indicates that the place has been earmarked for park and playground. Thus this Court is of the view that a prima facie case is made out. Therefore, interim injunction granted on 25.01.2017 is made absolute and this petition is allowed.

-sd/- 23/03/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE DISTRICT COLLECTOR NAGAPATTINAM DISTRICT, NAGAPATTINAM 2 THE BLOCK DEVELOPMENT OFFICER, AANAICKARANCHATHIRAM PANCHAYAT UNION, KOLLIDAM, NAGAPATTINAM DISTRICT C.C. to M/S.K.M.VIJAYAN ASSOCIATES Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.2007/2017 in WP.2002/2017 Date :23/03/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format ADD 03.04.2017