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Madras High CourtWP/28765/2016dismissed as infructuous

P.Thirugnanasambantham v. The Commissioner Of

2022-12-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.28765 of 2016 and W.M.P.Nos.24806 & 24807 of 2016 P. Thirugnanasambantham ... Petitioner vs.

1. The Commissioner of Corporation, Coimbatore Corporation Coimbatore.

2. The Assistant Town Planning Officer, East Zone, Coimbatore Corporation, Coimbatore.

3. C. Sureshkumar

4. C. Mani ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st Respondents to initiate action against the respondents 3 and 4 for putting up construction in the land bearing S.F.No.284, situated at No.2, Maraimalai Adigal Nagar, Peelamedu Pudur, Sowripalayam Village, Coimbatore 641004, in the light of the Section 282 and 283 of the Coimbatore City Municipal Corporation Act, 1981 considering the representations preferred by the Petitioner dated 1/4

12.07.2016 and 09.08.2016 within the time frame stipulated by this Court. For Petitioner : No appearance For Respondents : Mr.K. Magesh [for R1 & R2] Mr.T.S. Venkateshan [for R3] Mr.E.C. Ramesh [For R4]

ORDER

This writ petition has been filed to direct the 1st Respondent to initiate action against the respondents 3 and 4 for putting up construction in the petitioner's land without obtaining and building permission from the 1st Respondent by considering the representations preferred by the Petitioner dated 12.07.2016 and 09.08.2016 within the time frame stipulated by this Court.

2. No representation for the Petitioner. Learned counsel for the Respondents submitted that the 3rd and 4th Respondents constructed the building after getting prior building permission and approval from the authorities concerned and hence nothing survives in this writ petition. 2/4

3. As the building has been constructed as per the plan and approval properly obtained from the concerned authorities, the prayer in the writ petition has become infructous and nothing survives in this writ petition.

4. In view of the above, the writ petition is dismissed as infructuous. No costs. Consequently, connected M.Ps.are closed. 23.12.2022 Index : yes/no ggs copy to:

1. The Commissioner of Corporation, Coimbatore Corporation Coimbatore.

2. The Assistant Town Planning Officer, East Zone, Coimbatore Corporation, Coimbatore.

3/4

N.SATHISH KUMAR, J.

ggs W.P.No.28765 of 2016 and W.M.P.Nos.24806 & 24807 of 2016 23.12.2022 4/4