K.Kandan v. Thge Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU K.Kandan .... Petitioner Vs 1.The Commissioner Kallakurichi Municipality.

2.Sorubarani .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.12.2019 and consequently direct the first respondent to stop illegal construction by the second respondent in property bearing S.No.7/10, Kacirapalayam Main Road, Kallakurichi. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.Lourdu Paul Maurya [R1] Ms.AL.Ganthimathi [R2] 1/4

ORDER

[Order of the Court was made by R.SUBRAMANIAN.J] The prayer in the writ petition is as follows : "To issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 20.12.2019 and consequently direct the first respondent to stop illegal construction by the second respondent in property bearing S.No.7/10, Kacirapalayam Main Road, Kallakurichi."

2. The learned counsel for the Municipality has filed the typed set of papers, a perusal of which shows that the Municipality has taken action under Sections 56 and 57 of the Tamil Nadu Town and Country Act, 1971 and notices have been issued both to the petitioner and the second respondent.

3. In view of the same, the writ petition is dismissed as having become infructuous. It is for the Municipality to pursue the action taken to its logical end. No costs.

[RSMJ] [KBJ] 11.11.2022 Index : Yes / No Speaking order / Non-speaking order ds 2/4

To:

The Commissioner Kallakurichi Municipality.

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R.SUBRAMANIAN. J., and KUMARESH BABU.J., ds 11.11.2022 4/4