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Madras High CourtWP/28961/2023withdrawn dismissed

K.Sumathi v. The District Collector

2023-10-05Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Sumathi : Petitioner versus 1.The District Collector, Coimbatore District 2.The Asst. Director of Town Panchayats, Coimbatore zone, Coimbatore 3.The Executive Officer, Irugur Town Panchayat, Sulur Taluk, Coimbatore District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 3rd respondent from demolishing the remaining portion of the building situated at Door No. 16, Athappa Gounden Pudur Road, Irugur, without following the due procedures established under law and direct the 3rd respondent to pay a compensation of Rs.10,00,000/- towards damages caused to my building and articles and also restore the demolished portion of building.

For the Petitioner :

Dr.C.Ravichandran For Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

ORDER

(Made by the Hon'ble Chief Justice) We have heard Dr.C.Ravichandran, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2. The petitioner submits that after the filing of the writ petition, the remaining portion of the building has also been demolished and as such, seeks leave to withdraw the writ petition with liberty to file a fresh writ petition.

3. The writ petition is dismissed as withdrawn. The petitioner may file a fresh writ petition, as may be permissible under law. There will be no order as to costs. Consequently, WMP No.28542 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 05.10.2023 Index : Yes/No : Yes/No tar

To 1.The District Collector, Coimbatore District 2.The Asst. Director of Town Panchayats, Coimbatore zone, Coimbatore 3.The Executive Officer, Irugur Town Panchayat, Sulur Taluk, Coimbatore District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.10.2023