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Madras High CourtWP/10347/2024dismissed

N.Jeyachandran v. The District Collector

2024-04-17Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.10347 of 2024 N. Jeyachandran .. Petitioner

Versus

1. The District Collector, Coimbatore District, Coimbatore.

2. The Assistant Director(Town Panchayat) O/o Assistant Director of Town Panchayat Collectorate, Coimbatore District.

3. The Executive Officer, Pallapalayam Town Panchayat, Pallapalayam, Coimbatore District.

4. M/s. Shri Thangalakshmi Jewellers represented through its Managing Director, NGR Road, Palladam- 641 664, Thiruppur District.

...Respondents

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Prayer: This petition is filed under article 226 of the constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to remove the Thangalakshmi Jewellers Advertisement Board fixed on the bus shelter situated at Kathirmills Higher Secondary, Palladam and Pappapatti Vilakku those are illegally fixed without proper permission or payment made by the 4th respondent, by considering the petitioner's representation dated 12.12.2023 and pass orders.

For Petitioner : Mr.S. Anbazhagam For Respondents 1 and 2 : Mr.M. Venkateswaran Special Government Pleader For Respondent-3 : Mr.M.Venkateswaran Special Government Pleader

ORDER

This petition is filed to issue a writ of Writ of Mandamus to direct the 3rd respondent to remove the Thangalakshmi Jewellers Advertisement Board fixed on the bus shelter situated at Kathirmills Higher Secondary, Palladam and Pappapatti Vilakku those are illegally fixed without proper permission or payment made by the 4th respondent, by considering the petitioner's representation dated 12.12.2023 and pass orders.

2. The case of the petitioner is that the petitioner is a resident of 2/6

Sulur, Gopalpillai and he is doing social welfare activities. Likewise, the petitioner came forward to construct a bus stop shelter around Pallapalayam union before the Pallapalayam Town Panchayat and with regard to the same he has given a representation to the authorities concerned. Pursuant to which the Pallapalayam Town Panchayat passed resolution through Subject No.4 in Resolution No.59 dated 30.08.2010 to built bus shelters in three places. Consequent to which the petitioner was given permission to built bus stop at Irukur Privu vide allotment order in Na.Ka.No.383/2010 dated 04.02.2011. The grievance of the petitioner is that the Thangalakshmi Jewellers had fixed an Advertisement Board in the bus stop shelters without obtaining any permission from the concerned authorities. Therefore, the petitioner has given a representation to the respondent on 12.12.2023 and the same was not considered till date. Hence, this petition.

3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the second and third respondents to consider the petitioner's representation dated 07.03.2024 and pass orders.

4. On a perusal of records it is seen that the petitioner has built a 3/6

bus shelter during the year 2010. The third respondent herein/The Executive Officer, Pallapalayam Town Panchayat vide proceedings dated 16.12.2023 has stated that the shelter was built in the year 2010 and now it is in dilapidated condition due to which the same was renovated. It is further stated that even though the petitioner has built up a bus shelter the subject property belongs to the Pallapalayam Town Panchayat and no one can claim right over the same. Therefore, the prayer sought for by the petitioner to remove the advertisement board fixed on the bus shelter situated at Kathirmills Higher Secondary, Palladam cannot be granted.

5. In view of the above facts it is made clear that nothing survives for further adjudication in this petition and this petition deserves to be dismissed. Accordingly this petition is dismissed. No order as to costs. 17.04.2024 Speaking order : Yes/No Index : Yes/No smn To 4/6

1. The District Collector, Rajaji Salai, No.62, Beach Road, Singaravelan Maligai, 4th Floor, George Town, Chennai, Tn - 600 001.

2. Revenue Divisional Officer, Chennai Central Tribunal, Anna Nagar Extension, Chennai 600 101.

3. The Sub Registrar, Sub Registrar Office, (Ashok Nagar) No.576, Mogappair West, Ambattur District,Chenai - 600 037.

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V.BHAVANI SUBBAROYAN, J.

smn W.P.No.10347 of 2024 17.04.2024 6/6