V.Joseph, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2015

CORAM:

THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.P. No.14684 of 2015 and M.P.Nos.1 and 2 of 2015 V.Joseph

...Petitioner

vs.

1. The Commissioner, Pollachi Municipality,

2. The Divisional Engineer, TNGEDCO, Udumalai Road,

3. Tamil Evangelical Lutheran Church rep. By its Property Officer Rev.K.Joseph Kesavarao

...Respondents

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus to direct the first respondent to remove the unauthorised construction put up by the third respondent at J.J. Complex, TELC, Coimbatore Road, Pollachi, in pursuance of stop-construction notice dated 10.04.2015 issued under Ref.C.A.No.26/2015 dated 10.04.2015 under Sections 199 and 317 of the Tamil Nadu District Municipalities Act, 1920 in accordance with law. For Petitioner :

Mr.J.Franklin For Respondents :

Mr.R.Vijayakumar, Addl. Govt. Pleader for R1 Mr.S.K.Rameshuwar for R2

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The petitioner has come up with this writ petition, seeking a direction to the first respondent to remove the unauthorised construction put up by the third respondent at J.J. Complex, TELC, Coimbatore Road, Pollachi, in pursuance of stop-construction notice dated 10.04.2015 issued under Ref.C.A.No.26/2015 dated 10.04.2015 under Sections 199 and 317 of the Tamil Nadu District Municipalities Act, 1920 in accordance with law.

2.It is stated at the bar that pursuant to the notice dated 10.04.2015 issued under Sections 199 and 317 of the Tamil Nadu District Municipalities Act in C.A.No.26/2015, the third respondent had approached this Court in W.P.No.14154 of 2015, which was dismissed on 06.05.2015. Thereafter, the authorities have taken necessary action to remove the unauthorised construction and the same was done on 22.06.2015 and as such, nothing remains for adjudication at this stage, as the petitioner has sought for only direction to remove the unauthorised construction.

Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mmi To

1. The Commissioner, Pollachi Municipality,

2. The Divisional Engineer, TNGEDCO, Udumalai Road, 1 CC to Mr.R.Vijayakumar, Advocate SR.No. 31593 1 CC to Mr.S.K.Rameshuwar, Advocate SR.No. 31706 W.P. No.14684 of 2015 SCD (CO) PSI (02.07.2015)