D.Danavandan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA and W.M.P.No.15587 of 2016 D.Danavandan .. Petitioner Vs.

1.The Commissioner, Chengalpattu Municipality, Chengalpattu, Kancheepuram District.

2.Paranjothi 3.B.Sasirekha 4.A.Valli 5.S.Venkatesan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to demolish the illegal structure situate in land measuring an extent of 600 sq.ft., comprised in old S.No.289/2B, New S.No.289/2B1B, T.S.No.6, Melamaiyur Village, situated in TELC Colony, 6th Ward, 3rd Block, Anna Nagar 3rd Cross Street, Chengalpattu Town, Kancheepuram District made by the 5th respondent based on the unenforceable sale deed by considering the representation dated 28.04.2016. 1/4

For Petitioner : Mr.N.Naganathan For R1 : Mrs.R.L.Karthika Government Advocate For R3 : P.Nagaraju For R2 : Not ready in notice For R4 and R5 : No Appearance

O R D E R

(Order of the Court was delivered by V.M.VELUMANI, J.) The present Writ Petition is filed for a direction to the 1st respondent to demolish the illegal structure situate in land measuring an extent of 600 sq.ft., comprised in old S.No.289/2B, New S.No.289/2B1B, T.S.No.6, Melamaiyur Village, situated in TELC Colony, 6th Ward, 3rd Block, Anna Nagar 3rd Cross Street, Chengalpattu Town, Kancheepuram District made by the 5th respondent based on the unenforceable sale deed by considering the representation dated 28.04.2016.

2. Heard Mr.N.Naganathan, learned counsel appearing for the petitioner and Mrs.R.L.Karthika, learned Government Advocate appearing for the 1st respondent as well as Mr.P.Nagaraju, learned counsel appearing for the 3rd respondent and perused the entire materials on record.

2/4

3. The learned counsel appearing for the petitioner submitted that the Registered Post sent to the petitioner was returned with an endorsement as 'deceased' and he is not able to get any instructions from the legal heirs of the petitioner.

4. The learned counsel appearing for the 3rd respondent submitted that suit filed by the petitioner was also dismissed on 25.02.2020.

5. In view of the above submissions made by the learned counsel appearing for the petitioner and learned counsel appearing for the 3rd respondent, nothing survives in the present writ petition.

6. Recording the above, the Writ Petition is dismissed as abated. No costs. Consequently, the connected miscellaneous petition is closed. (V.M.V., J) (R.H., J) 31.01.2023 Index : Yes / No dm 3/4

V.M.VELUMANI, J.

and R.HEMALATHA, J.

dm To 1.The Commissioner, Chengalpattu Municipality, Chengalpattu, Kancheepuram District.

31.01.2023 4/4