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Madras High CourtWP/28753/2024closed

K.R.Mohan Ram v. The Commissioner

2024-09-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. No.31361 of 2024 K.R. Mohan Ram ...

Petitioner Vs

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Assistant Engineer, Ward-173, Zone-13, Greater Chennai Corporation, No.115, Dr. Muthu Lakshmi Salai, Adyar, Chennai - 600 020.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent not to disturb the peaceful possession of the property in the name of laying pipelines for stormwater drainage inside the property bearing Door No.124, L.B. Road, Adyar comprised in Survey No.R.S. No.13/1 & 14/1a, T.S. No.8/1 (part) new No.8/7 part, block No.40 & T.S. No.8/8 part without following due process of law.

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For petitioner : Mr.D. Saikumaran For respondents : Mr.E.C. Ramesh

ORDER

Earlier, when the matter was taken up for hearing i.e., on 26.09.2024, the learned counsel for the respondents sought time to file an undertaking affidavit before this Court. The crux of the said Undertaking is after laying the pipelines, the petitioner's property will be restored to its original position and the Corporation will not claim any right over the petitioner's property and the costs for the said assignment will be borne by the respondents. Accordingly, the matter was adjourned.

2. Today, when the matter is taken up for hearing, the learned counsel for the respondents has filed before this Court an Undertaking affidavit of the 1st respondent. The Undertaking affidavit is dated 28.09.2024 and shall form part of the order. Further, respondents are directed to strictly comply the said Undertaking, which was filed in the form of affidavit before this Court.

3. In view of the above, nothing survives for further adjudication in 2/4

this matter. Accordingly, this writ petition stands closed. Consequently, connected miscellaneous petition is closed.

30.09.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 To

1. The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2. The Assistant Engineer, Ward-173, Zone-13, Greater Chennai Corporation, No.115, Dr. Muthu Lakshmi Salai, Adyar, Chennai - 600 020.

M.DHANDAPANI, J.

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