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Madras High CourtWP/8691/2012dismissed for nonprosecution

V.Kumar, v. The District Collector,

2016-04-20Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2016

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.8691 of 2012 and M.P.No.1 of 2012 V.Kumar ... Petitioner -Vs1. The District Collector, Vellore District, Vellore.

2. The Member Secretary, Local Planning Authority, (Cum Deputy Director, Town & Country Planning), Vellore-632 009.

3. The Executive Officer, Palavanchathukuppam Panchayat, Palavanchathukuppam, Vellore.

4. T.Sekar ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the second respondent and third respondent to forthwith close down and demolish the unauthorised and illegal construction of the marriage Hall named as Revakkannammal Thirugnanam Thirumana Mandapam by the fourth respondent in pursuant to the representation dated 08.12.2011.

For Petitioner : No Appearance For Respondents : Mr.V.R.Kamalanathan Addditional Government Pleader for R1 & R3 Mr.J.Saravana Vel for R4 Ms.M.E.Raniselvam Additional Government Pleader for R2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The learned counsel for the petitioner states that he has given a change of vakalat six months back. None has now entered appearance for the petitioner.

2. The petitioner alleges that there is an unauthorised and illegal construction of the marriage hall viz., Revakkannammal Thirugnanam Thirumana Mandapam by the fourth respondent and the same should be demolished.

3. On the other hand, the learned counsel for the private fourth respondent, who has made the marriage hall states that he has constructed the marriage hall in pursuance to the sanction granted.

4. Since there is non-prosecution on behalf of the petitioner, we dismiss the writ petition for non-prosecution. No costs. Consequently, M.P.No.1 of 2012 is closed.

5. The aforesaid will however not preclude the Local Authorities from verifying that the construction made by the fourth respondent is as per the norms even as on date. Sd/- Assistant Registrar(CS VI) //True Copy// bbr Sub Assistant Registrar To

1. The District Collector, Vellore District, Vellore.

2. The Member Secretary, Local Planning Authority, (Cum Deputy Director, Town & Country Planning), Vellore-632 009.

3. The Executive Officer, Palavanchathukuppam Panchayat, Palavanchathukuppam, Vellore.

+1cc to Mr.J.Saravana Vel, Advocate, S.R.No.24436 +1cc to the Government Pleader, S.R.No.24829 W.P.No.8691 of 2012 CA(CO) CA(05/05/2016) https://hcservices.ecourts.gov.in/hcservices/