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Madras High CourtWP/23257/2010disposed of

Sri.Bharathi Mills, v. The President,

2022-07-28Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MRS. JUSTICE N.MALA & MP.Nos.1&1/2010 & WMP.Nos.5908 & 5909/2018 L.Ameer .. Petitioner in both writ petitions Vs.

1.The Commissioner 2.VAK Engineering Pvt.Ltd rep.by its Director, Mr.Rajesh Malhotra No.326, M.K.N/ Road .. RR 1 & 2 in WP.No.2282/2010 & RR 2 & 3 in WP.No.2283/2010

3.The Chairman Municipality Council .. R1 in WP.No.2283/2010 **R2 in WP.No.2282/2010/R3 in WP.No.2283/2010 impleaded as per order dated 09.06.2010 in MP.Nos.2 & 2/2010 in WP.Nos.2282/2010 & 2283/2010 Prayer in WP.No.2282/2010:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the entire records pertaining the impugned notice Na.Ka.No.3609/09/F2 dated 8.1.2009 issued by the respondent requiring demolition of the construction put up unauthorized without planning permission in door No.1A/66 Thiruvallur Nagar Adambakkam Village to an extent of 20 x 16 tiled roof building and quash the same and forbearing the respondent from demolish the petitioners premises tiled roof building bearing door No.1A/66 Thiruvalluvar Nagar Adambakkam situate at T.S.No.

122 Block No.1 Adambakkam Village building size 20' x 16'. Prayer in WP.No.2283/2010:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the entire records pertaining to the impugned order, Resolution 1011 dated 31.12.2009 passed by the 1st respondent dismissing the appeal filed by the petitioner under Section 322 of the District Municipalities Act and quash the same and to direct the 1st respondent to pass order on merit in the appeal.

For Petitioner in both writ petitions :

Mr.P.Thiyagarajan For R1 in WP.No.2282/2010 & RR1&2 in WP.No.

2283/2010 :

Mrs.P.T.Ramadevi Standing counsel

COMMON ORDER [Order of the Court was made by S.S.SUNDAR, J.,] (1) Learned counsel appearing for the petitioner submitted that the writ petitioner, Mr.L.Ameer, is no more and he is not inclined to bring on record, the LRs of the deceased petitioner as the property admittedly is the property of the Alandur Municipality [now it is brought under the Greater Chennai Corporation from the year 2011].

(2) In these circumstances, no useful purpose would be served by keeping the above writ petitions pending.

(3) Hence, the writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. [SSSRJ] [NMJ] 11.10.2022 AP Internet : Yes

To 1.The Commissioner 2.The Chairman Municipality Council

S.S.SUNDAR, J., AND N.MALA, J., AP 11.10.2022