Kalaignar Karunanidhi Nagar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30..06..2015 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice T.S.SIVAGNANAM W.P.No.6693 of 2015 Kalaignar Karunanidhi Nagar Welfare Association Regd.No.127/1997, represented by its Secretary I.Chelladurai, No.1, Kurinchi Street, K.K.Nagar, Peerkankaranai, Srinivasan Nagar (Post), Chennai 600 063.

.. Petitioner versus 1.The District Collector Kancheepuram District.

2.The Executive Officer, Peerkankaranai Town Panchayat, Chennai 600063.

3.The Inspector of Police, Peerkankaranai Police Station Chennai.

4.The Pentecostal Mission, represented by its Chief Pastor, Irumbuliyur, Chennai 600059.

5. Sudarsan Raj .. Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, forbearing the 2nd respondent from permitting the fifth respondent to put up shops in the Roja Street, K.K.Nagar, Peerkankarani, Srinivasan Nagar (Post), Chennai 600 063, from 11.03.2015 to 15.03.2015 during the period of convention conducted by the fourth respondent.

For Petitioner ::: Mr.V.Lakshminarayanan for S.Mohan For Respondents ::: Mr.S.T.S.Murthy Government Pleader for R.1 to R.3 Mr. S. Kanmani for E. Sathiyaraj for R5 No Appearance for R4

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) Learned counsel for the petitioner states that since the convention is over, though the problem is repeatedly created, in order to ensure that in future, such a situation does not come to pass, he will file a fresh petition specifically raising the plea that there cannot be any construction on the roadside, in view of the provisions of the Tamil Nadu District Municipalities Act, 1920. He thus submits that the issue is not one of not adhering to the terms of the license, but absence of any provision in law, whereby the respondent can do so. He seeks to withdraw the petition. 2.Liberty is granted.

3.The writ petition stands dismissed as withdrawn. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ksr To 1.The District Collector, Kancheepuram District.

2.The Executive Officer, Peerkankaranai Town Panchayat, Chennai 600063.

3.The Inspector of Police, Peerkankaranai Police Station, Chennai.

4.The Pentecostal Mission, represented by its Chief Pastor, Irumbuliyur, Chennai 600059.

+1cc to Mr.S. Mohan, Advocate, S.R.No.32124 +1cc to Mr.G. Balamanikandan, Advocate, S.R.No.32149 +1cc to the Government Pleader, S.R.No.32215 BVR(CO) EU(06/07/2015) WP.No.6693 of 2015