Madras High CourtWP(MD)/13902/2011dismissed

A.S.M. Kumar @ S. Muthukumar v. The District Collector

2024-11-08Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and M.P.(MD).No.1 of 2011 A.S.M.Kumar @ S.Muthukumar ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Member Secretary, Madurai Local Planning Authority, Arignar Anna Maligai, III Floor, Madurai Corporation Building, Tallakulam, Madurai - 625 002.

... Respondents (R-3 is added vide Court order dated 26.02.2024 in W.P.(MD).No.13902 of 2011) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to consider the petitioner's

representation dated 11.11.2011 and to implement the order in the G.O.No.22 dated 30.01.1997 not exceeding a height of nine meters within the area bounded by outer walls of Meenakshi Amman Temple from Masi Streets (namely North Masi Street, East Masi Street, South Masi Street and West Masi Street) without any delay or discontinuance.

For Petitioner : Mr.R.Senthilkumar For R-1 : Mr.P.Thilak Kumar Government Pleader For R-2 : Mr.S.Vinayak Standing Counsel

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The prayer in the present Writ Petition for implementation of G.O.(Ms)No.22 dated 30.01.1997 may not be feasible for consideration since the said Government Order has already been quashed by a learned Single Judge of this Court in W.P.No.10570 of 2000 on 24.07.2009, which was subsequently upheld by the co-ordinate Bench of this Court in W.A.No.1319 of 2009 dated 07.09.2010.

2. Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (M.S.R.,J.) (A.D.M.C.,J.) 08.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Member Secretary, Madurai Local Planning Authority, Arignar Anna Maligai, III Floor, Madurai Corporation Building, Tallakulam, Madurai - 625 002.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

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