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Madras High CourtWP/42329/2016withdrawn dismissed

The President v. The Commissioner

2017-03-15Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.42329 of 2016 and W.M.P.No.36233 of 2016 The President, Hansa Abinav Flat Owners Association, No.67 A, Glass Factory Road (Village Street), Thiruvotriyur, Chennai - 19.

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Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

2.The Executive Engineer, Corporation of Chennai, Zone 1, T.H.Road, 3.The Inspector of Police, H-8 Police Station, 4.The Assistant Commissioner of Police, H8 Police Station, 5.Hansa Vision India Private Limited (Hansa Estate), 2nd Floor, Nos.605 and 606, Anna Salai, Chennai - 2.

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Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus forbearing the first and second respondents in connivance with the fifth respondent from in any manner demolishing any portion of the compound wall on the western side of the gated community of Hansa Abhinav and further consequently direct the first and second respondents to ensure free access of ingress and egress to the other locality residents through the already existing parallel road lying on

the western side of the property situate at Hansa Abhinav, No.67-A, Glass Factory Road (Village Street), Thiruvotriyur, Chennai - 19 which is in existence and usage by the general public for more than 40 years.

For Petitioner ..

Mr.R.Abdul Mubeen For Respondents ..

Mr.P.V.Selvakumar, Addl. Govt. Pleader for R1 & R2 R3 to R5 - No appearance

ORDER

After making submissions, learned counsel appearing for the petitioner seeks permission to withdraw the writ petition with liberty to approach the jurisdictional civil Court. He has also made an endorsement to that effect.

2.Learned counsel for the petitioner has made one more submission that status quo as on today may be ordered to be maintained for a period of two weeks.

3.Considering the above said submission as well as the endorsement made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn with liberty to approach the jurisdictional civil Court. However, the parties are directed to maintain status quo as on today for a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mmi To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai.

2.The Executive Engineer, Corporation of Chennai, Zone 1, T.H.Road,

3.The Inspector of Police, H-8 Police Station, 4.The Assistant Commissioner of Police, H8 Police Station, +1cc to Mr.K.Abdul Mubeen,Advocate sr.16118 +1cc to Mr.N.B.N.Swamy,Advocate sr.16054 W.P.No.42329 of 2016 ss(17/3/2017)