Kadalpura Manamaghizh Mandram v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.7415 OF 2019 AND W.M.P.NOS.8087 AND 8088 OF 2019 Kadalpura Manamaghizh Mandram, A Registered Society (721/1999) Represented by its Secretary, A. Thananjayan, No. 14, Thiruvalluvar Nagar, Kolathur, Chennai - 600 099.

... Petitioner -vs1. The Collector of Chennai, Chennai District, Chennai 600 001.

2. The Sub-Collector, Central Chennai Division, Chennai District, Chennai.

3. The Commissioner, Prohibition and Excise Department, Collector's Office, Chennai - 600 001.

4. Mrs.P.Sridevi ... Respondents (R4 impleaded vide order dated 27.06.2019, made in W.M.P. No.

17421 of 2019 in W.P. No. 7415 of 2019 by PDAJ) Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the Second Respondent in Na. Ka. No. 3560/2018/A1 dated 24.10.2018 and quash the same.

For Petitioner : Mr.Manoj Sreevalsan For Respondents: Mr.M.Karthikeyan for R1 to R3, Additional Government Pleader Mr.R.T.S.Kannan for R4

O R D E R

The Petitioner, which is a club, had made an application for grant of licence under Section 3 of the Tamil Nadu Public Buildings (Licensing) Act, 1965, which was declined by the First Respondent by order dated 24.10.2018 stating that it was located in water body.

2.

It is represented by the Learned Additional Government Pleader appearing for the First to Third Respondents that on reinspection of the property, it has been found that the club of the Petitioner is not located in a water body as stated in the order impugned in the Writ Petition and that the Petitioner has been subsequently issued licence on 16.08.2019 under Section 3 of the Tamil Nadu Public Buildings (Licensing) Act, 1965, a copy of which has been produced. Learned Counsel for the Petitioner also made an endorsement acknowledging its receipt. Nothing remains for further consideration in the matter. 3.

Recording the subsequent events, the Writ Petition stands disposed. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar vji/kv To

1. The Collector of Chennai, Chennai District, Chennai 600 001.

2. The Sub-Collector, Central Chennai Division, Chennai District, Chennai.

3. The Commissioner, Prohibition and Excise Department, Collector's Office, Chennai - 600 001.

+1cc to Mr.Manoj Sreevalsan, Advocate, S.R.No.71284 +1cc to the Government Pleader, S.R.No.70850 W.P.No.7415 of 2019 and W.M.P.Nos.8087 and 8088 of 2019 CP(CO) CS/15/10/2019