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Madras High CourtWP/31669/2023disposed of

M/S. Vijayraja Thirumana Mandapam v. The President

2023-11-07Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M/s. Vijayraja Thirumana Mandapam, Rep. by its Manager, Mr.Mageshwarn. C, Old No. 2/322, New No. 2/351, Medavakkam Main Road, Kovilambakkam, Chennai - 600 017.

... Petitioner -vs1. The President, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

2. The Executive Officer, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

3. The Health & Sanitary Officer, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the 1st respondent to take action based on the representation of the petitioner dated 30.10.2023 and thereby forbearing the 1st Respondent from preventing the Petitioner from utilizing the services of private players for garbage disposal. 1/5

For Petitioner : Mr. S.Jaganathan For Respondents : Mr. R.P.Murugan Raja

O R D E R

Heard Mr. S.Jaganathan, Learned Counsel for the Petitioner and Mr. R.P.Murugan Raja, Learned Counsel for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that he had made a representation dated 30.10.2023 requesting the First Respondent to remove the garbage in front of the Marriage Hall viz., M/s.Vijayaraja Thirumana Mandapam, Medavakkam Main Road, Chennai-600117, belonging to him and not to create any impediment for the Petitioner to utilize the services of private agencies for garbage disposal, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

Learned Counsel for the Respondents, on instructions, states that the entire garbage in front of the said Marriage Hall belonging to the Petitioner has been cleared, for which photographs taken have been produced in that regard. An endorsement is also made in the court record by Learned Counsel for the 2/5

Petitioner accepting the same.

4.

It is also represented by Learned Counsel for the Respondents that the garbage would be removed by the Kovilambakkam Panchayat Union periodically and that the First Respondent would not prevent the Petitioner from engaging the services of the private agencies for the same. 5.

In such circumstances, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he has any further grievance, from working out his remedies before the appropriate forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

07.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 14.02.2024.

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To

1. The President, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

2. The Executive Officer, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

3. The Health & Sanitary Officer, Kovilambakkam Panchayat Union, Kovilambakkam, Chennai - 600 129.

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P.D. AUDIKESAVALU, J.

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