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Madras High CourtWP/35441/2015disposed of

A.Subramani, v. The Coimbatore Corporation,

2021-07-15Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.35441 & 35442 of 2015 and M.P.Nos.1 & 1 of 2015 A.Subramani .. Petitioner in W.P.No.35441 of 2015 R.Manonmani .. Petitioner in W.P.No.35442 of 2015 Vs.

1. The Coimbatore Corporation, Represented by its Commissioner, Coimbatore.

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

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

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

.. Respondents in both WPs.

Prayer in W.P.No.35441 of 2015 : Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to forbear the respondents herein and their subordinates from demolishing the building & the shed and evicting the petitioner from the property in Corporation Tax Assessment No.41390654 & 48367164, bearing Door No.1281 & 1009, Sathy Main Road, Ganapathy Post, Coimbatore, comprised in Old S.F.No.330/2A & 234/4 of Ganapathy Village, Coimbatore North Taluk & District, except by following due process of law. Prayer in W.P.No.35442 of 2015 : Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to forbear the respondents herein and their subordinates from demolishing the shed and evicting the

petitioner from the property in Corporation Tax Assessment No.48367170 & 48367171, bearing Door Nos.1015 & 1016, Sathy Main Road, Ganapathy Post, Coimbatore, comprised in Old S.F.No.234/4 of Ganapathy Village, Coimbatore North Taluk & District, except by following due process of law.

For Petitioner in both WPs.

: Mr.G.Arul Murugan For Respondent Nos.1 & 2 in both Wps. : Mr.Sathya Naryana Prasad For Respondent Nos.3 & 4 in both Wps. : Mr.Stalin Abimanyu Government Advocate COMMON ORDER These writ petitions have been filed to forbear the respondents and their subordinates from demolishing the building and evicting the petitioners from the property comprised in Old S.F.Nos.330/2A , 234/4 and 234/4 respectively of Ganapathy Village, Coimbatore North Taluk & District except under due process of law.

2.Today, when the matters were taken up for consideration, the learned counsel for the petitioners and the learned counsel appearing for the respondents 1 & 2 jointly submitted that during the pendency of these writ petitions, 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 petitioners as well as the respondents 1 and 2, these writ petitions stand closed. No costs. Consequently, the connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

msr To

1. The Coimbatore Corporation, Represented by its Commissioner, Coimbatore.

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

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

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

+2cc to Mr.G.Arul Murugan, Advocate, S.R.No.33625, 33626 W.P.Nos.35441 & 35442 of 2015 and M.P.Nos.1 & 1 of 2015 AK(CO) CB(18/08/2021)