Kalaivani v. Oulgaret Municipality

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Kalaivani ... Petitioner -vsOulgaret Municipality, O/o. Oulgaret Municipality Office, Rep. by Commissioner, Jawahar Nagar, Puducherry - 605505.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondent from constructing 'Anganwadi' or any other public services building in the 1st Cross Street, East Venkateswara Nagar, New Saram, Puducherry. For Petitioner :

Mr. M.Rajasekar For Respondent :

Mr. M. Nirmal Kumar Government Advocate (Puducherry)

O R D E R

Heard Mr. M.Rajasekar, Learned Counsel for the Petitioner and Mr. M.Nirmal Kumar, Learned Government Advocate (Puducherry) appearing for the Respondent and perused the materials placed on record, apart from the 1/4

pleadings of the parties.

2.

The Petitioner has filed this Writ Petition to restrain the Respondent from constructing Anganwadi or any other public services building in the First Cross Street, East Venkateswara Nagar, New Saram, Puducherry. 3.

In response, Learned Government Advocate (Puducherry) appearing for the Respondent has filed memo dated 16.02.2024 which reads as follows:- " 2.

It is stated that the Anganwadi is proposed to be constructed in the Government land available in the 1st cross street, East Venkateswara Nagar, new Saram, Puducherry. Further, it is stated that neither the public road nor the Petitioner's land is/will be encroached or disturbed in the proposed construction of Anganwadi."

In view of the aforesaid observations concerned, nothing remains for further consideration in this Writ Petition. However, it is hastened to clarify here that it would not preclude the Petitioner, if she still has any further grievance, from working out her remedies before proper forum in the manner recognized by law.

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In the result, the Writ Petition is disposed with the aforesaid observations. No costs.

16.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.03.2024.

pal/Maya To The Commissioner, Oulgaret Municipality, O/o. Oulgaret Municipality Office, Jawahar Nagar, Puducherry - 605505.

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P.D. AUDIKESAVALU, J.

Maya 16.02.2024 4/4