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Madras High CourtWP/24672/2011closed

M/S.Rufi Real Estates & v. The District Collector,

2019-09-19Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.09.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.24672 of 2011 and M.P. No.1 of 2011 M/s.Rufi Real Estates and Investments (P) Ltd., rep. by its Director V.Raj Natarajan .. Petitioner

Versus

1.The District Collector, District Collectorate, Coimbatore.

2.The Member/Secretary, Local Planning Authority Corporation Commercial complex, Raju Naidu Street, Sivanatham Colony, Coimbatore.

3.The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641 005.

4.The Assistant Commissioner (General), East Zone Office, Coimbatore Corporation, Coimbatore-641 018.

5.The Commissioner of Police, O/o.The Commissioner of Police, Coimbatore-641 018.

6.Senthil Nagar Residence Welfare Association rep. by its President .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents from preventing the petitioner and the tenaments from using the public 30 feet road approved Senthil Nagar layout, Sowripalayam Village, Coimbatore Tk., connecting the petitioner's construction in terms of the order made in O.Mu.No.10317/07/KI.H1 dated 30.07.2007 and the order made in Na.Ka.No.14007/2007/KI.H.I dated 30.10.2007 passed by the fourth respondent in addition to the right conferred under a registered sale deeds dated 20.02.2006 registered as Document Nos.690/2006, 691/2006, 693/2006 & 692/2006 on the file of the Sub Registrar, Peelamedu. For Petitioner :

Mr.Dhanaram Ramachandran for Mr.G.Ethirajulu For Respondents :

Mr.V.Shanmugha Sundar, Special Government Pleader for R1 and 5 Mr.S.Suresh for R2 to 4 No appearance for R6

O R D E R

When the matter is taken up for hearing, learned counsel appearing for the petitioner would submit that the first limb of the prayer to forbear the respondents from preventing the petitioner and the tenaments from using the public 30 feet road situated in Senthil Nagar layout, Sowripalayam Village, Coimbatore Tk., connecting the petitioner's construction has become infructuous.

2.As the public 30 feet road mentioned in the prayer is a corporation road meant for public use, not only the petitioner, anybody can make use of the said road. With the above observation, the writ petition stands closed. No costs.

19.09.2019 vga To 1.The District Collector, District Collectorate, Coimbatore.

2.The Member/Secretary, Local Planning Authority Corporation Commercial complex, Raju Naidu Street, Sivanatham Colony, Coimbatore.

3.The Commissioner, Coimbatore Municipal Corporation, Coimbatore-641 005.

4.The Assistant Commissioner (General), East Zone Office, Coimbatore Corporation, Coimbatore-641 018.

5.The Commissioner of Police, O/o.The Commissioner of Police, Coimbatore-641 018.

T.RAJA,J.

vga Writ Petition No.24672 of 2011 and M.P. No.1 of 2011 19.09.2019