G.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.26735 of 2018 G.Arumugam .. Petitioner v.

1 The District Collector Dharmapuri 2 The Assistant Director Town Panchayaths, Dharmapuri 3 The Revenue Divisional Officer Harur, Dharmapuri 4 The Executive Officer Town Panchayath (Selection Grade) Harur, Dharmapuri 5 K. Kumaran .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 to take appropriate action for removal of mud construction fire unit and fire exit pipe line which is fixed by the 5th respondent in the petitioner shop by considering the representation dated 11.09.2018 and 14.09.2018. For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.J.Pothiraj Special Govt. Pleader- for R1 to R4 Mr.G.Desingu - for R5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.R.Ezhilarasan, learned counsel appearing for the petitioner, Mr.J.Pothiraj, learned Special Government Pleader appearing for the respondent Nos. 1 to 4 and Mr.G.Desingu, learned counsel appearing for the respondent No.5.

2. The petitioner is seeking direction to respondent Nos. 1 to 4 to take appropriate action for removal of mud construction fire unit and fire exit pipe line which is fixed by the respondent No.5 in the shop which is owned by the petitioner.

3. Respondent No.5 started a Bakery Sweet shop in the name and style of "Surya Sweets and Bakery" in the said shop. The said shop is run adjacent to the residence of the petitioner, which is situated at T.V.K. Nagar, Harur.

4. Learned Special Government Pleader appearing for the respondent Nos. 1 to 4 filed counter affidavit in which it is stated that the said premises were inspected and based on the inspection, the respondent No.4 removed the mud construction fire unit and fire exit pipeline on 04.02.2019 and complied with the prayer sought for by the petitioner.

5. The learned counsel for the petitioner as well as the learned counsel for the respondent No.5 also admit that the mud construction fire unit and fire exit pipeline has been removed..

6. In view of the above, this Writ Petition has become infructuous and is, accordingly, dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1 The District Collector Dharmapuri 2 The Assistant Director Town Panchayaths, Dharmapuri 3 The Revenue Divisional Officer Harur, Dharmapuri 4 The Executive Officer Town Panchayath (Selection Grade) Harur, Dharmapuri +1cc to Mr.R.Ezhilarasan, Advocate Sr.19739 +1ccc to Mr.J.Pradeep, Advocate Sr.20586 +1cc to the Government pleader sr.20904 W.P. No.26735 of 2018 pm[co] srg 27/03/2019