S.N.V.Garden Residents Welfare v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.32045 of 2016 S.N.V.Garden Residents Welfare Association, Rep. by its Secretary V.Parthasarathy, S.N.V.Garden, Nanjundapuram Road, Coimbatore-641 036.

.... Petitioner Vs.

1.The Commissioner, Corporation of Coimbatore, Coimbatore.

2.The Assistant Commissioner, Eastern Regional Office, Corporation of Coimbatore, Coimbatore-641 005.

3.The Town Planning Officer, O/o Coimbatore Corporation, Town Hall, Coimbatore-641 001.

... Respondents Writ petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to allocate money to provide lighting and water facility to the SNV GARDEN as per the assurance given in Na.Ka.No.5147/2015/KI.D1 dated 23.09.2015 by the second respondent by considering the representation of the petitioner's association dated 04.07.2016.

For Petitioner : Mr.R.Shanmugam For Respondents : Mr.K.Mahesh

ORDER

The petitioner Association made a request to the second respondent to provide a borewell and lighting facility to the park named as "SNV GARDEN". After receipt of the said request and in pursuant to the direction of this Court in W.P.No.49952 of 2006 dated 22.12.2006, the second respondent, in any by the proceedings in Na.Ka.No.5147/2015/KI.D1 dated 23.09.2015, has https://hcservices.ecourts.gov.in/hcservices/

informed the petitioner that the request would be acceded to after getting appropriate permission from the Corporation as per law based upon the financial position for the year 2016-2017. A representation was made thereafter on 04.07.2016 and the same is pending consideration. Hence, the present writ petition has been filed.

2. Considering the facts narrated above, a direction is issued to the first respondent to take appropriate action for proper water and lighting facilities to the park "SNV GARDEN" as per law within a period of eight weeks from the date of receipt of a copy of this order.

3. The writ petition stands disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar raa To 1.The Commissioner, Corporation of Coimbatore, Coimbatore.

2.The Assistant Commissioner, Eastern Regional Office, Corporation of Coimbatore, Coimbatore-641 005.

3.The Town Planning Officer, O/o Coimbatore Corporation, Town Hall, Coimbatore-641 001.

+1cc to Mr.K. Magesh, Advocate Sr. 18885 +1cc to Mr.S. saravanan, Advocate Sr. 19080 W.P.No.32045 of 2016 RJ(CO) VR(13/04/2017) https://hcservices.ecourts.gov.in/hcservices/