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Madras High CourtWP/18963/2016dismissed as infructuous

M.Sekar @ Gunasekar, v. The Principal Secretary To

2023-01-31Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.16529 of 2016 M.Sekar @ Gunasekar Vice-Chairman, Avadi Municipality, No.215, New Military Road, Avadi, Chennai - 600 054.

... Petitioner Vs.

1.The Principal Secretary to Government, Municipal Administration & Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Commissioner, Avadi Municipality, No.215, New Military Road, Avadi, Chennai - 600 054.

3.The Commissioner of Municipal Administration, Ezhilagam Annexe Building, 6th Floor, Chepauk, Chennai - 600 005.

4.K.Pandiarajan, Member of Legislative Assembly, A4D, MLAs Quarters, Omanthoorar Government Estate, Chennai - 600 002.

... Respondents 1/4

Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from in any way permitting the 4th respondent, his men, agents, servants, employees or any person claiming under him to occupy the premises of Avadi Municipality located at Market Road, Nehru Nagar, Avadi, Chennai - 600 054.

For Petitioner : Mr.P.Wilson, Senior Counsel for M/S.V.V.Sundar For Respondents : Mr.V.Nanmaran, for RR1 & 3 Additional Government Pleader Mr.P.Srinivas, R2

O R D E R

This Writ petition has been filed on behalf of the municipality, the ViceChairman on the ground that the fourth respondent is trying to interfere the municipality land and for construction of the MLA office. 2.

According to the learned counsel appearing for the second respondent, the place was originally earmarked for construction of building, now has been used as vegetable market and leased out to various vendors. Public auction also conducted and now there is no proposal for construction. 2/4

3.

In view of the above submission made by the learned counsel for the second respondent, nothing survives for further adjudication. Accordingly, the Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

31.01.2023 Index :Yes/No Speaking Order / Non-Speaking Order AT To 1.The Principal Secretary to Government, Municipal Administration & Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.

2.The Commissioner, Avadi Municipality, No.215, New Military Road, Avadi, Chennai - 600 054.

3.The Commissioner of Municipal Administration, Ezhilagam Annexe Building, 6th Floor, Chepauk, Chennai - 600 005.

3/4

N.SATHISH KUMAR, J.

AT W.P.No.18963 of 2016 and W.M.P.No.16529 of 2016 31.01.2023 4/4