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Madras High CourtWP/4063/2016closed

A.Natarajan, v. The District Collector,

2018-10-09Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2018 C O R A M THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN Writ Petition No.4063 of 2016 & W.M.P.No.3403 of 2016 A.Natarajan ... Petitioner Vs.

1. The District Collector, Tiruvallur, Tiruvallur District.

2. The Commissioner, Tiruvallur Municipality, J.N.Road, Tiruvallur Taluk, Tiruvallur District.

3. The Building Inspector, Tiruvallur Municipality, J.N.Road, Tiruvallur Taluk, Tiruvallur District.

4. The Assistant Director of Town & Country Planning, Tiruvallur Region, No.43/397A II Floor, Annai Indira Gandhi Salai, Rajajipuram Part, Tiruvallur-1.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the 1st to 3rd Respondents herein from raising construction of toilet over the land in Survey No.484/2 later Sub-Divided as 484/2A measuring an extent of 13,769 sp.ft which is earmarked for school having DTP Approval No.CR/DTCP/M 81142/L.P.77 dated 04.11.1981. For Petitioner : Mr.N.Kolandaivelu For R1, R3 & R4 : Mr.A.N.Thambidurai Special Government Pleader For R2 : Mr.B.Anandan

O R D E R

The Writ Petition has been filed seeking direction, restraining the respondents 1 to 3 herein from putting up construction of Toilet in Survey No.484/2, later Sub-Divided as 484/2A, measuring an extent of 13,769 sq.ft., is herein earmarked for a School in an approved layout.

2. The grievance of the petitioner is that, the place which was earmarked for a School purpose is an approved layout, the respondents are taking steps to put up a Toilet, hence the writ petition.

3. Earlier notice was ordered to the respondents.

4. Today when the matter is taken up for hearing, the learned Counsel appearing for the respondents submitted a letter send by the Tiruvallur Municipality/2nd respondent, stating that they are not proposed to construct any Toilet in the above said place and they have also removed all the constructions put up by them earlier, and assured that the 2nd respondent will not interfere in the above said property.

5. Recording the above submissions and considering the undertaking that the 2nd respondent is not going to construct any Toilet in the above said property, no further adjudication is required in the writ petition.

6. Accordingly, the Writ Petition is Closed. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar msvm To

1. The District Collector, Tiruvallur, Tiruvallur District.

2. The Commissioner, Tiruvallur Municipality, J.N.Road, Tiruvallur Taluk, Tiruvallur District.

3. The Building Inspector, Tiruvallur Municipality, J.N.Road, Tiruvallur Taluk, Tiruvallur District.

4. The Assistant Director of Town & Country Planning, Tiruvallur Region, No.43/397A II Floor, Annai Indira Gandhi Salai, Rajajipuram Part, Tiruvallur-1.

+1cc to Mr.N.Kolandaivelu, Advocate, S.R.No.69892 +1cc to the Government Pleader, S.R.No.70568 W.P.No.4063 of 2016 PA(CO) rrs 04/12/2018