Venkateshwara And Mahalakshmi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.15613 of 2014 and M.P.No.1 of 2014 Venkateshwara and Mahalakshmi Nagar Residents Welfare Association, Registration No.2/2012, rep. by its Treasurer A.Elangovan, 63-A, Anna Street Extension, Mahalakshmi Nagar, 15, Velampalayam, Tiruppur District-641 652.

.. Petitioner -vs1.The District Collector, Tiruppur District, Tiruppur.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Asst. Commissioner, Tiruppur Corporation, Zone-I, Tiruppur District.

4.The Tahsildhar, Tiruppur Taluk, Tiruppur District.

5.Masjithe Ihlas Sunnath Jamath Masjid and Madharasa, rep. by its temporary Muthavalli M.Sheik Ameer, Anna Street, Mahalakshmi Nagar, 15, Velampalayam, Tiruppur District-641 652.

6.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

.. Respondents (Respondent No.6 impleaded as per order dt.16.6.2016 in M.P.No.1 of 2015)

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take necessary action on petitioner's representation dated 23.9.2013 to the first respondent at the earliest.

For Petitioner : Mr.G.Karthikeyan For Respondents : Mrs.STS.Moorthy Government Pleader assisted by Mr.V.R.Kamalanathan Addl. G.P. for R1, 2 & 4 Ms.P.Shanthi for R3 Mr.N.Manokaran for R5 Mr.Mohammed Fayaz Ali for R6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The writ petition has been filed seeking direction for taking necessary action qua the representation of the petitioner dated 23.9.2013 and pass necessary orders. In substance, the petitioner is aggrieved by the construction sought to be put up in the site at Anna Street, Mahalakshmi Nagar for religious purposes. This construction is stated to have been stopped by the order dated 21.5.2014 issued by respondent No.3. Respondent No.5 is stated to have preferred a revision petition against this, which is still pending.

2. In view of the aforesaid, it is obvious that no further construction is being made. The concerned private respondent submit before us that there was sanction for construction and in fact the construction was completed. If that was so, there would have been no occasion to issue notice, which had been assailed in the revision petition.

3. Needless to say that the aforesaid issue would be decided in the revision petition.

4. However, in the mean time the construction which exists will be used for the purposes for which it was sanctioned.

5. The writ petition, accordingly, stands closed. No costs. Consequently, M.P.No.1 of 2014 is also closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Tiruppur District, Tiruppur.

2.The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3.The Asst. Commissioner, Tiruppur Corporation, Zone-I, Tiruppur District.

4.The Tahsildhar, Tiruppur Taluk, Tiruppur District.

5.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

+1cc to Mr.N. Manohar, Advocate, S.R.No.33217 +1cc to Mr.P. Shanthi, Advocate SR.33026 + 1 cc to Mr.G. Kathikeyan, Advocate Sr.33025 + 1 cc to Government Pleader, S.R.No.33686 SKS(CO) EU(27/04/2016) W.P.No.15613 of 2014