Madras High CourtWP/35748/2019disposed of

M.S.Mani v. Principal Secretary To Government,

2021-11-08Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.35748 of 2019 M.S.Mani

...Petitioner

Vs 1 The Principal Secretary to Government Department of Housing and Urban Development Government of Tamil Nadu Fort St. George, Chennai - 600 009.

2 The Director of Town and Country Planning Directorate of Town and Country Planning Head Office, No.807, Anna Salai Chennai - 600 002.

3 The Deputy Director of Town Country Planning Salem Region, No.6, Sannadhi Street Subramani Nagar Salem - 636 005.

4 The Member Secretary Erode Local Planning Authority Tamil Nadu Housing Board Shopping Complex Surampatti Nagar, Erode - 638 009.

5 The District Collector Erode District Collector Office Erode.

6 The Revenue Divisional Officer RDO Office, Erode.

7 P.Palsamy

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 herein to cancel the layout approval granted

to the 7th respondent in File No.213/2019 and Approval No.829/2019 dated 19.07.2019 for the agricultural lands situated in R.S No.55/1, 55/2 (Now R.S.No.55/1, 55/2A3) measuring an extent of 1.50.02 Hectares and R.S.No.55/2 (Now R.S.No.55/2A2) measuring an extent of 0.11.12 Hectares in Kodumudi Village, Kodimudi Taluk, Erode District.

For the Petitioner : Ms.K.P.Indira For the Respondents : Ms.R.Anitha Counsel for the State for the respondents 1 to 6 : Mr.T.Murugamanickam Senior Counsel for Ms.Zeenath Begum for 7th respondent

ORDER

(Order of the Court was made by Hon'ble Chief Justice) A status report has been filed by the official respondents as directed earlier. A copy of the status report has been served on Ms.Indira appearing for the petitioner.

2. The petitioner is satisfied that the encroachment has been removed. An earlier order of this court had recorded the submission of both the official respondents and the private respondent that the encroachment had been removed and that the pathway had been cleared for the free flow of water and there was no debris left behind.

3. Since the petitioner accepts that the encroachment has now been removed, W.P.No.35748 of 2019 is disposed of. There will be no order as to costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar bbr

To 1 The Principal Secretary to Government Department of Housing and Urban Development Government of Tamil Nadu Fort St. George, Chennai - 600 009.