Selvapuram Sri Sastha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.609 of 2018 Selvapuram Sri Sastha Kudiyiruppor Nala Sangam, rep. by its Secretary C.P.Selvaraj, Having Registered Office at No.22, Sastha Nagar, Bharathi Road, Kumarapalayam Post, Coimbatore - 641 026.

.. Petitioner -vs1.The District Collector, Office of the District Collector, Coimbatore - 18.

2.The Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

3.V.Vijayakumar 4.K.Gnanavel .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus for direction against the respondents to take appropriate action for the removal of encroachment made by erecting temporary structure styled as place of worship under the name of "Karumariamman Temple", located Bharathi Road, Sastha Nagar, Kumarapalayam Post, Coimbatore-28, more specifically in front of Door No.36. For Petitioner : Mr.P.Dineshkumar For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c) for respondent No.1

Mr.K.Magesh for respondent No.2 No Appearance for respondent Nos.3 and 4

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.P.Dhineshkumar, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c) for respondent No.1 and Mr.K.Magesh, learned counsel for respondent No.2.

2. The prayer of the petitioner is that directions be issued to respondent Nos. 1 and 2 to take appropriate action for removal of the encroachment made by erecting temporary structure styled as place of worship under the name of 'Karumariamman Temple' located in Bharathi Road, Sastha Nagar, Kumarapalayam Post, Coimbatore-26. The said structure, according to the petitioner, is situated in front of Door No.36.

3. The learned counsel for respondent No.2/Coimbatore Corporation stated that the encroachment has been removed.

4. In view of the statement made by the learned counsel for respondent No.2, nothing survives for adjudication in the present writ petition and the writ petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Office of the District Collector, Coimbatore - 18.

2.The Commissioner, Coimbatore Corporation, Coimbatore - 641 001.

+1 cc to Mr.K.magesh, Advocate Sr.No.17450 W.P.No.609 of 2018 VBA(CO) CSL/15.03.2019