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Madras High CourtWP/33237/2015disposed of

Dr. M.Dorai Kannan, v. The Coimbatore Corporation,

2021-07-14Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.33237 of 2015 and MP.No.1 of 2015 Dr.M.Dorai Kannan ... Petitioner Vs

1. The Coimbatore Corporation, Represented by its Commissioner,

2. The Town Planning Officer, Coimbatore North, Coimbatore Corporation,

3. The Thasildar, Taluk Office, Coimbatore North Taluk,

4. The Additional Divisional Engineer, Highways Department, Avinashi Road, Coimbatore - 18.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents herein and their subordinates from demolishing the building and evicting the petitioner from the property consisting of building in Corporation Tax Assessment No.47377789 & 41390368 to 41390371, bearing Door No.325 to 328 in Sathy Main Road and D.No.327 in PN Palayam road, Ganpathy Post, Coimbatore, comprised in Old S.F.No.171, of Ganapathy Village, Coimbatore North Taluk & District, except by following due process of law.

For Petitioner : Mr.G.Arul Murugan For R1 & R2 : Mr.J.Sathyanarayana Prasad For R3 & R4 : Mr.G.Krishnaraja, GA

ORDER

The writ petition has been filed to forbear the respondents and their subordinates from demolishing the building and evicting the petitioner from the property comprised in Old S.F.No.171 of Ganapathy Village, Coimbatore North Taluk & District except under due process of law.

2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner and the learned counsel appearing for the respondents 1 & 2 jointly submitted that during the pendency of this writ petition, on the basis of the letter dated 25.01.2021 issued by the Director of Town Planning, with respect to the subject property, the Government passed an order in G.O.Ms.No.32 Housing and Urban Development [UD.4(2)] Department dated 11.02.2021 sanctioning a sum of Rs.38,64,81,827/- for the purpose of land acquisition and payment of compensation. It is further submitted by the learned counsel for the respondents 1 and 2 that after following due process of law, compensation amount would be disbursed to the parties concerned.

3.In view of the subsequent development as referred to above, this Court is of the opinion that nothing survives for adjudication herein. Recording the submissions so made by the learned counsel appearing for the petitioner as well as the respondents 1 and 2, this writ petition stands closed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar av To

1. The Commissioner, The Coimbatore Corporation,

2. The Town Planning Officer, Coimbatore North, Coimbatore Corporation,

3. The Thasildar, Taluk Office, Coimbatore North Taluk,

4. The Additional Divisional Engineer, Highways Department, Avinashi Road, Coimbatore - 18.

+1CC to M/s.G.Arul Murugan, Advocate, SR.No. 33633 W.P.No.33237 of 2015 and MP.No.1 of 2015 AJS(CO) B.VC (25/08/2021)