Mr. Asokkumar @ Radjekumar v. Executive Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.26834 of 2015 and M.P.No.1 of 2015 Ashokkumar @ Radjekumar ...

Petitioner - Vs -

1. Executive Engineer, Public Works Department,Buildings and Roads (North), Labourdaines Street, Puducherry-605001.

2. Assistant Engineer, 3.Junior Engineer ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus forbearing the respondents from demolishing the building situated at property door No.1, Plot No.1, situated at Lawspet Main Road comprised in Resurvey NO.154/1/b, C.No.495/2 part, in patta No.814 as per the patta given by the settlement office Puducherry Government, bearing Cadastre No.495 situated at NO.39 Karuvadikuppam village with in Uzhavarkarai municipality within puducherry registration district and Uzhavarkarai sub registration district, bounded on the east by lawspet main road North by Plot No.2, West by Plot No.3, South by land belonging to Apparvaradarasu Gramani land, measuring north to sought 26 ft and east to west 72 ft and in all admeasuring 1872 Sq.Ft or occupying any portion of the said property without following proper procedure laid down by law.

For Petitioner : Mr.J.Suresh For Respondents : Mr.A.TamilVanan Government Advocate (P)

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (P) appearing for the respondents 1 to 3.

3. Alleging that the respondents sought to demolish the building of the petitioner situated in Door No.1, Plot No.1, at Lawspet Mainroad in R.S.No.154/1/b, C.No.495/2 part, in patta No.814, without following due process of law, the present writ petition has been filed by the petitioner.

4. The learned counsel for the respondent submitted that the allegations made in the affidavit filed in support of this petition are not true and there is no threat of demolition as of now. If there is any proposal for demolition, the same will be done after following due process of law.

5. Recording the same, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is also closed. -s/d- Assistant Registrar(CSIII) dt:10/09/2015 True Copy Sub-Assistant Registrar arr To

1. The Executive Engineer, Public Works Department,Buildings and Roads (North), Labourdaines Street, Puducherry-605001.

2. The Assistant Engineer,

3.The Junior Engineer +1 cc to Mr.J.Suresh, Advocate sr.45771 +1 cc to the Senior Government Pleader-cum-senior Public Prosecutor for Puducherry sr.46216 W.P.No.26834 of 2015 gr(co) aa10/09/2015