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Madras High CourtWP/4961/2016disposed of

K.Dhanasekaran v. The President

2016-02-25Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.02.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4961/2016 & WMP.No.4307/2016 K.Dhanasekaran ..

Petitioner

Versus

1 The President Poondi Panchayat Poondi.

2 The Panchayat Union Commission Poondi Panchayat Poondi.

3 The Collector Office of the Collectorate Thiruvallur-602001. 4 The Executive Engineer Office of The Executive Engineer Irrigation Research Division Poondi.

5 The Executive Engineer Public Works Department Kosathalaiyar Division Thiruvallur-602 001.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents from putting up construction obliterating the petitioner Shop No.39 in the vacant space measuring 55 Feet North South and 60 Feet East West in between the row of Shop on the North and Poondi Junction - Pennalurpet Road on the South in New S.No.482/2 in Poondi Village Thiruvallur Taluk and District. For Petitioner :

M/s.Norton and Grant For Respondents:

Mr.M.E.Rani Selvam, for RR1, 2 & 4 Mr.N.Roofas Abraham, Spl.GP for RR3,5

ORDER

The petitioner has filed the present writ petition seeking for issuance of writ of mandamus to forbear the respondents from putting up any construction obliterating the petitioner Shop No.39 in the vacant space measuring 55 Feet North South and 60 Feet East West in between the row of Shop on the North and Poondi Junction - https://hcservices.ecourts.gov.in/hcservices/

Pennalurpet Road on the South in New S.No.482/2 in Poondi Village Thiruvallur Taluk and District.

Learned counsel for the respondents pointed out that the from the Site Plan produced by the petitioner, what was the extent allotted to the petitioner was only 10 ft x 10 ft and nothing more.

Photographs have been produced to show that there is already a bus shelter in existence in 2012, from which, it is prima facie seen that there is no obstruction to the petitioner's ingress. However, the bus shelter is the public necessity. Therefore, the petitioner cannot oppose the same. If there is any other issue, it is always open to the petitioner to approach the authorities concerned informing his grievance. With the above observation, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar AP To 1 The President Poondi Panchayat Poondi.

2 The Panchayat Union Commission Poondi Panchayat Poondi.

3 The Collector Office of the Collectorate Thiruvallur-602001. 4 The Executive Engineer Office of The Executive Engineer Irrigation Research Division Poondi.

5 The Executive Engineer Public Works Department Kosathalaiyar Division Thiruvallur-602 001.

1 cc to Mr.M.E. Raniselvam, Advocate, Sr.12036 1 cc to M/s. Norton and Grant, Advocate, Sr. 11889 WP.No.4961/2016 CTK (CO) kk 3/3 https://hcservices.ecourts.gov.in/hcservices/