P.G.Sambantham v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.2958 of 2014 and W.M.P.No. 1 of 2014 P.G.Sambantham ... Petitioner Vs.

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai -3

2. The Executive Engineer, Corporation of Chennai, Zone 6, Division 68, Paper Mills Road, Perambur, Chennai - 11.

3. The Inspector of Police, K-9, Police Station, 12/25, Sathiya Narayana Street, T.V.K.Nagar, Chenani - 11.

4. G.Devaraj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from removing the Holy Neem Tree and Temple situated at dead end of the Appa Rao Garden 1st street, Anbazhagan Nagar, T.V.K.Nagar, Chennai -11 and further forbearing the 1st respondent from permitting the 4th respondent to put up rear entrance to the premises situated at No.12/25, Sathiyanarayana Street, Anbazhagan Nagar, T.V.K.Nagar, Chennai - 11. For Petitioner : Mr.Su. Srinivasan, For Respondents : Mr. R.Arunmozhi for R1 & R2

O R D E R

This writ petition has been filed forbearing the respondents from removing the Neem Tree and also a temple situated in Appa Rao Garden 1st street, Anbazhagan Nagar, T.V.K.Nagar, Chennai - 11 .

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner as well as the respondent Corporation submitted that now the temple put up in the dead end has been removed by the Corporation on 29.11.2018 and they have not removed the neem tree as it caused no inconvenience to anybody.

3. Considering the facts and circumstances and the submission of the learned counsels that the temple has already been removed and the respondents are also not going to remove the neem tree, nothing survives in the writ petition.

4. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mrp To

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai -3.

2. The Executive Engineer, Corporation of Chennai, Zone 6, Division 68, Paper Mills Road, Perambur, Chennai - 11.

3. The Inspector of Police, K-9, Police Station, 12/25, Sathiya Narayana Street, T.V.K.Nagar, Chenani - 11.

+1cc to Mr.R.Arunmozhi, Advocate Sr.83932 +1cc to the Government Pleader Sr.84035 +1cc to Mr.G.Devarajan, Advocate Sr.83284 W.P.No. 2958 of 2014 nm[co] srg 04/02/2019