S.Thenmozhi v. The Commissioner Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.22194 of 2015 and M.P.No.1 of 2015 S.Commissioner ... Petitioner

Versus

1.The Commissioner of Municipal Administration Office at Ezhilagam Chepauk, Chennai - 600 005 2.Regional Director of Municipal Administration Tambaram, Chennai 3.The Commissioner Poonamallee Municipality Poonamallee Thiruvallur District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from in any manner putting up any construction in the land comprised in Survey No.297/1B1A1 measuring an extent of 0.96.5 ares cents within Poonamallee Panchayat Union, Poonamallee Village and Taluk, Thiruvallur District without following the due process of law.

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For Petitioner : Mr.P.Ganesan For Respondents : Mr.K.M.D.Muhilan for R1 & 2 Additional Government Pleader Mr.P.Srinivas for R3

ORDER

This petition has been filed seeking to forbear the respondents from in any manner putting up any construction in the land comprised in Survey No.297/1B1A1 measuring an extent of 0.96.5 ares cents within Poonamallee Panchayat Union, Poonamallee Village and Taluk, Thiruvallur District without following the due process of law.

2. It is stated by the learned counsel for the petitioner that the land belong to the Panchayat Union and earmarked for for the purpose of putting up a construction to accommodate the National Institute of Rural Development. When the matter stood thus, the third respondent Municipality is proceeding to construct the toilet. Hence, this writ petition to forbear the third respondent from putting up constructions.

3. In response, the learned counsel for the third respondent submitted that in view of the objections, now the proposal of construction of toilet in the above 2/4

land is dropped. They decided to construct the same in some other place and they are not intending to construct the toilet in the subject land. Hence, nothing survives for adjudication in this writ petition.

4. In view of the submission of the learned counsel for the third respondent, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition stands closed.

30.01.2023 Internet: Yes/No dhk To 1.The Commissioner of Municipal Administration Office at Ezhilagam Chepauk, Chennai - 600 005 2.The Regional Director of Municipal Administration Tambaram, Chennai 3.The Commissioner Poonamallee Municipality Poonamallee Thiruvallur District N. SATHISH KUMAR, J.

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