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Madras High CourtWP/14275/2023disposed of

M/S.Unaitted Builders Consultants (P) Limited, v. The Commissioner

2023-05-05Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mr Justice C. Saravanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE C.SARAVANAN & W.M.P.No.13801 of 2023 M/s.Unaitted Builders Consultants (P) Limited Rep. By its Authorised Signatory Mr.S.Subramani ..

Petitioner Vs.

1.

The Commissioner Corporation of Coimbatore P-14, 1109, Big Bazaar Street Near TK Market, Town Hall Coimbatore - 641 001.

2.

The Assistant Engineer (Planning) Central Zone Corporation of Coimbatore P-14, 1109, Big Bazaar Street Near TK Market, Town Hall Coimbatore - 641 001.

..

Respondents Page Nos.1/5

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records in pursuance of the impugned order in Na.Ka.No.3041/2023/H.1(M) dated 19.04.2023 passed by the 1st respondent in respect of the property situated at Door No.1090/1619, Trichy Road, Coimbatore - 641 018 and quash the same and further issue appropriate direction directing the respondents to grant permission to the petitioner to carry on the repair and renovation works in the commercial complex situated at Door No.1090/1619, Trichy Road, Coimbatore - 641 018. For Petitioner :

Mr.A.L.Somayaji Senior counsel for Mr.T.Thiageswaran For Respondents :

Mr.N.Velmurugan standing counsel

O R D E R

[Order of the Court was made by C.SARAVANAN, J.,] This writ petition has been filed to quash the impugned order dated 19.04.2023 passed by the first respondent and to direct the respondents to grant permission to the petitioner to carry on the repair and renovation works in the commercial complex situated at Door No.1090/1619, Trichy Road, Coimbatore - 641 018.

Page Nos.2/5

2. With the consent of learned Senior counsel for the writ petitioner and learned Standing counsel for corporation, the main writ petition itself is taken up for final disposal.

3. Heard the learned Senior counsel for the petitioner and learned Standing Counsel for Respondents 1 and 2.

4. Considering the submissions made on both sides, we are inclined to dispose of this writ petition by directing the petitioner to permit the visitors visiting the ICICI Bank Limited and RBF Nidhi Limited to park the vehicles inside the parking area on the rear side of the building on a temporary basis till the work is completed. The petitioner shall ensure that the scaffolding work does not result in any danger to the persons visiting the complex. The petitioner is also directed to comply with any other reasonable safety conditions that may be imposed by the Corporation, which shall be intimated to the petitioner in writing. Page Nos.3/5

5. The writ petition stands disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs. (A.D.J.C.,J.) (C.S.N.,J.) 05.05.2023 Index : Yes /No Speaking order/Non-speaking order gpa/mk Note: Issue order copy on 08.05.2023.

To 1.

The Commissioner Corporation of Coimbatore P-14, 1109, Big Bazaar Street Near TK Market, Town Hall Coimbatore - 641 001.

2.

The Assistant Engineer (Planning) Central Zone Corporation of Coimbatore P-14, 1109, Big Bazaar Street Near TK Market, Town Hall Coimbatore - 641 001.

Page Nos.4/5

A.D.JAGADISH CHANDIRA, J.

and C.SARAVANAN, J.

gpa/mpa W.P.No.14275 of 2023 & W.M.P.No.13801 of 2023 05.05.2023 Page Nos.5/5