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Madras High CourtWP/22862/2017closed

Dr.R.Natesan v. The District Collector

2019-01-31Honourable Mr Justice R. Pongiappan,Honourable Mr Justice M. Venugopal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN W.P.No.22862 of 2017 Dr.R.Natesan ... Petitioner .. Vs ..

1.

The District Collector, Krishnagiri, Krishnagiri District.

2.

The Thashildar, Uthangarai, Krishnagiri District.

3.

The Executive Officer, O/o. Town Panchayat, Uthangarai, Krishnagiri District.

4.

K.S.Murugan 5.

K.S.Madheshwaran ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to stop the 4th and 5th respondents from running a marriage hall in the unauthorized building bearing Door No.177, 1st ward Salem main road, Uthangarai in Survey No.22/3A of Uthangarai Town without building permission and license to run a marriage hall in the Subramaniya Lodge Building by considering petitioner's representation dated 03.07.2017 and also to take steps to remove the rear side wall of the 4th and 5th respondents' building.

For Petitioner : Mr.K.Thiruvengadam For R-1 to R-3 : Mr.S.N.Parthasarathy, Government Advocate For R-4 & R-5 : Mr.V.Raghavachari

ORDER

[Order of the Court was made by M.VENUGOPAL, J.] Heard both sides.

2.As seen from para 7 of the counter affidavit of the Second Respondent/Thashildar, Uthangarai, Krishnagiri District, the license given to K.S.Samudhaya Koodam and lodge was cancelled on 07.12.2018 in proceedings No.3630/2018/E1. Status Report (Inspection Report) dated 30.01.2019 was filed by the Third Respondent/Executive Officer, Selection Grade Office Town Panchayat, Uthangarai, Krishnagiri District, to the effect that the Third Respondent had inspected the Subramaniya Marriage Hall three days in a surprise manner and found that no functions or marriages took place from 07.12.2018 and in this regard, all the records available in the Subramaniya Marriage Hall were perused. Further, during the inspection of the Third Respondent, the selling of garments in the said premises as a seasonal purpose was found to be carried on in the said Marriage Hall.

3. At this stage, the Learned Counsel for the Petitioner had made an endorsement in the writ petition that in view of the averment made in para 7 of the counter of the Second Respondent to the effect that license was cancelled, the same may be recorded etc.

4. Recording the aforesaid fact, this Court closes the present Writ Petition. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Jrl To:

1.

The District Collector, Krishnagiri, Krishnagiri District.

2.

The Thashildar, Uthangarai, Krishnagiri District.

3.

The Executive Officer, O/o. Town Panchayat, Uthangarai, Krishnagiri District.

+1 cc to M/s.K.Thiruvengadam, Advocate Sr.No.8132 +1 cc to The Government Pleader, Sr.No.8778 W.P.No.22862 of 2017 RSI(CO) CSL/06.03.2019