K.A.Manokaran v. The Additional Cheif Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :17.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23028 of 2023 and W.M.P.Nos.22540 to 22542 of 2023 1.K.A.Manokaran 2.Chinna Guttappa
...Petitioners
Vs.
1.The Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.
2.The Director of Municipal Administration, Commissioner of Municipal Administration, No.78, urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai - 600 005.
4.The Collector, Krishnagiri District, Collector Office Rd, Krishnagiri - 635 115 1/6
5.The Commissioner, Corporation of Hosur, Hosur City Municipal Corporation Office, National Highway 207, Thillai Nagar, Hosur - 635 109
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the first respondent bearing Letter No.8913/MC6/2018-16 dated 30.07.2021 and quash the same and consequently issue a direction to the Respondents herein to shift/relocate/reinstall the statue of cclate K.Appavu Pillai to the present building of Hosur Corporation situate in Hosur-Bagalur Road, Hosur Town, Krishnagiri District from the store room where the statue of late K.Appavu Pillai was originally found erected in the old Municipality Building of Hosur Town, Krishnagiri District.
For Petitioner : Mr.T.T.Ravichandran for Mr.Balaaji For Respondents 1 to 5 : Mr.S.Silambannan Senior Advocate Additional Advocate General II Assisted by Mrs.S.Anitha Special Government Pleader 2/6
O R D E R
The writ petition is filed challenging the order passed by the 1st respondent rejecting the request of the petitioner to shift the statue of late K.Appavu Pillai, Ex.M.L.A., from the premises of Old Hosur Municipal Office Building to the newly constructed Hosur City Municipal Corporation. 2.When the writ petition is taken up for hearing, Mr.S.Silambannan, learned Additional Advocate General II appearing for the respondents brought to attention of this Court the averments made in Paragraph Nos.12 and 13 of the counter filed by the 5th respondent. The relevant averments in the counter reads as follows;
"12.It is humbly submitted that the statue is presently kept in safe custody of the Corporation of Hosur, in the Old Municipality Office building, at Ward B, Block 50, Town Survey Number 2/1 part. The statue has to be kept in safe custody in the Old Municipality Office Building, as a new Shopping Complex building is under construction in the same location, that is, at Ward B, Block 50, Town Survey Number 2/1 part. The works, estimated to cost Rs.19.5 crore, have commenced under the Capital Grant Fund.
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13.It is further submitted that soon after the construction of the Shopping Complex is completed, the statue will be placed back in the same premises, in its previous position, and in a manner that the statue is honored and preserved as per law."
3.The learned counsel appearing for the petitioner submits that the averments found in Paragraph Nos.12 and 13 of the counter may be recorded and the writ petition may be disposed of accordingly. 4.In view of the undertaking given by the 5th respondent that the statue will be installed after completion of the construction and by recording the same, the writ petition stands disposed of. It is needless to say that installation of statue shall take place immediately after completion of the building in its full sense. No costs. Consequently, connected miscellaneous petitions are closed. 17.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 4/6
To 1.The Additional Chief Secretary to Government, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.
2.The Director of Municipal Administration, Commissioner of Municipal Administration, No.78, urban Administrative Building, Santhome High Road, Chennai - 600 028.
3.The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai - 600 005.
4.The Collector, Krishnagiri District, Collector Office Rd, Krishnagiri - 635 115 5.The Commissioner, Corporation of Hosur, Hosur City Municipal Corporation Office, National Highway 207, Thillai Nagar, Hosur - 635 109 5/6
S.SOUNTHAR , J.
nti W.P No.23028 of 2023 17.08.2023 6/6