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Madras High CourtWP/36517/2015dismissed as infructuous

Golden Treasure Owners v. The Executive Authority

2016-09-28Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Writ Petition No.36517 of 2015 Golden Treasure Owners' Association represented by its President V.Purushothaman

...Petitioner

Vs.

1.The Executive Authority, Adayalampattu Panchayat, Villivakkam Panchayat Union, Chennai - 600 095.

2.The Commissioner, Villivakkam Panchayat Union, MTH Road, Ambattur, Chennai - 600 053.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, Egmore, Chennai- 600 008.

4.The Inspector of Police (Law & Order) T-4, Maduravoyal Police Station, Chennai - 600 095.

5.Julie Srinivasan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct respondents 1 to 3 herein to consider the petitioner's representation dated 12.08.2015 and the reminder dated 03.09.2015 and on that basis to take necessary action for the purpose of removing the illegal construction put up by the fifth respondent on the common area measuring an extent of 30 feet x 40 feet between the department store and the compound wall facing the road side in the petitioner's apartment complex, situated on Ambattur Road, Vanagaram, Chennai-600 095 and to restore the common area for the benefits of all the residents in accordance with the planning and building permissions granted by

the respondents 1 to 3 herein.

For Petitioner : Mr.K.Rajasekaran For R1, R2 & R4 : Mrs.Vasutha Thiagarajan, AGP For R3 : Mr.K.Raja Shrinivas

ORDER

(Order of the Court was made by HULUVADI G. RAMESH,J.) Learned counsel for the petitioner submits that since the encroachment has been removed, the relief sought for in this writ petition has become infructuous. In view of the same, the writ petition is dismissed as infructuous. No costs. Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR rk To 1.The Executive Authority, Adayalampattu Panchayat, Villivakkam Panchayat Union, Chennai - 600 095.

2.The Commissioner, Villivakkam Panchayat Union, MTH Road, Ambattur, Chennai - 600 053.

3.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, Egmore, Chennai- 600 008.

4.The Inspector of Police (Law & Order) T-4, Maduravoyal Police Station, Chennai - 600 095.

+1 c.c. M/S.K.RAJA SRINIVAS, ADVOCATE SR.NO. 56005 MMP 22.10.2016 W.P.No.36517 of 2015