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Madras High CourtWP/3466/2017disposed of

S.Abdul Gafoor, v. The Commissioner,

2017-02-13Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.3466 of 2017 & W.M.P.No.3447 of 2017 S.Abdul Gafoor ... Petitioner Vs.

1. The Commissioner Nagapattinam Municipality Nagapattinam.

2. The Town Planner Nagapattinam Municipality Nagapattinam.

3. S.Thameem Ansari ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing respondents 1 and 2 to demolish the unauthorized construction put up by the 3rd respondent at Door No.490/443, T.S.No.1873, Ward 5, Block 22, Main Road, Nagore.

For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for respondents 1 and 2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The petitioner as a Muthawalli had given a complaint to the Wakf Board, which is stated to be in the process of preferring proceedings before the Wakf Tribunal. However, in the meantime, it is alleged that the third respondent posthaste is carrying on construction for which the Commissioner/first respondent issued https://hcservices.ecourts.gov.in/hcservices/

notice on 19.10.2016, but no action has been taken in pursuance of the said notice.

2. The learned Special Government Pleader states that the first respondent will proceed in pursuance of the notice dated 19.10.2016 promptly and conclude the proceedings within one month of the receipt of the order.

3. The aforesaid statement is taken on record and the said respondent shall remain bound by the same.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.3447 of 2017 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi To:

1. The Commissioner Nagapattinam Municipality Nagapattinam.

2. The Town Planner Nagapattinam Municipality Nagapattinam.

+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.9219 +1cc to the Government Pleader, S.R.No.9436 W.P.No.3466 of 2017 KK(CO) CA(21/02/2017) https://hcservices.ecourts.gov.in/hcservices/