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Madras High CourtWP/2414/2017dismissed

K.Mohamed Shafi, v. The Deputy Director Of Town

2017-02-01Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.2414 of 2017 K.Mohamed Shafi ... Petitioner Vs.

1. The Deputy Director of Town & Country Planning No.131, GST Road, Chengalpattu Kancheepuram District.

2. The Commissioner Madurantakam Municipality Kancheepuram District.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the first respondent herein to not to take any coercive steps, including demolition of his construction at Plot No.1, Door No.46, Parthasarathy Cross Street, Madurantakam Town and Taluk, Kancheepuram District, without being issued prior notice to the petitioner herein in connection with the order passed by the second respondent in proceedings 838/2015/F-1, dated 19.10.2016. For Petitioner : Mr.K.Mohan Raj For Respondents : Mr.R.Vijayakumar Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for the petitioner seeks orders in terms of the order dated 22.11.2016 passed in W.P.No.40918 of 2016 which reads as under:

"The petitioner has undoubtedly carried out an unauthorized construction. If the petitioner wants to remedy it herself, it is open for the petitioner to approach the respondent/authority with an https://hcservices.ecourts.gov.in/hcservices/

undertaking to do so within a specified period of time.

2. The writ petition is dismissed with the aforesaid observations, leaving the parties to bear their own costs. Consequently, WMP.No.34899 of 2016 is closed."

In view thereof, the writ petition is dismissed in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar sasi To:

1. The Deputy Director of Town & Country Planning No.131, GST Road, Chengalpattu Kancheepuram District.

2. The Commissioner Madurantakam Municipality Kancheepuram District.

+1cc to Mr.K.Thilagaraj, Advocate, S.R.No.6304 +1cc to the Government Pleader, S.R.No.6457 W.P.No.2414 of 2017 GJ(CO) CA(09/02/2017) https://hcservices.ecourts.gov.in/hcservices/