N.Kulandaivelu v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2016

CORAM

The HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE R.MAHADEVAN W.P.No.18156 of 2013 N.Kulandaivelu .. Petitioner vs.

1. The Commissioner Coimbatore City Municipal Corporation Coimbatore.

2. The Member Secretary Town Planning Committee Coimbatore.

.. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondent to remove the seal which has been affixed on the petitioner's building constructed in S.No.597/2A1 and 597/2B1 in the Kalapatty Village, Coimbatore Taluk and further directing the respondent not to proceed any further action in relating to the above building which has been constructed properly as per the building plans approval and license granted by the Kalapatty Town Panchayat which has been now merged with Coimbatore City Municipal Corporation, Coimbatore.

For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.J.Sathayanarayana Prasad for 1st respondent Ms.P.Shanthi for 2nd respondent https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for the petitioner submits that the building is lying sealed and in the context of the submissions of the learned counsel for the first respondent/Corporation that contrary to the permission granted by the Panchayat for construction of a residential building, commercial building has been constructed with deviations, he seeks to withdraw the writ petition and will approach the competent authority in accordance with law to ensure that the building is brought within the norms. Endorsement has been made.

The petition is dismissed as withdrawn in terms aforesaid. No costs. Consequently, M.P.No.1 of 2013 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar +1cc to Mr.J. Sathya narayana Prasad, Advocate, S.R.No.67853 +1cc to Mr.P. Shanthi, Advocate, S.R.No.680141 +1cc to Mr. R. Ezhilarasan, Advocate Sr.No.67976 cp(CO) md(05/12/2016) W.P.No.18156 of 2013 https://hcservices.ecourts.gov.in/hcservices/