S. Usharani v. The Commissioner Of Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.Usharani ... Petitioner Vs.

1.The Commissioner of Town and Country Planning Authority, O/o. Commissioner of Town and Country Planning, 807, Anna Salai, Chennai.

2.The District Collector, Trichy District, Trichy.

3.The Commissioner, Trichy Corporation, Trichy District.

4.The Deputy Director, Town and Country Planning Authority, Trichy Region, Trichy.

5.Sathak Abdul Kadher 6.Ayesha Naria ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents in any way converting the land earmarked as colony road in the lay out approved by the 4th respondent in his proceedings LPH/DTP54/70 revised LPH/DT66/63 into any other purposes and consequentially to direct the respondent to restore the road after removing the pillar and consequently to direct the respondents to cancel the patta granted in respect of colony road in favour of respondents 5 &6 within the time that may be stipulated by this Court.

For Petitioner :

Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents :

Mr.P.T.Thiraviyam Government Advocate for R1, R2 & R4 Mr.R.Baskaran Standing Counsel for R3

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents in any way converting the land earmarked as colony road in the layout approved by the 4th respondent in his proceedings LPH/DTP54/70 revised LPH/DT66/63 into any other purposes and seeking for a direction to the respondents to restore the road after removing the pillar and to cancel the patta granted in respect of colony road in favour of fifth and sixth respondents.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1, 2 and 4 submitted that patta granted infavour of the respondents 5 and 6 has been cancelled and restored the same to its original classification and the same is now maintained by the third respondent, which is not refuted by the learned counsel appearing for the petitioner.

3. Recording the aforesaid submission, this Writ Petition is closed. No costs.

[D.K.K., J.] [R.V., J.] 09.01.2023 NCC : Yes / No Index : Yes / No vsm

To 1.The Commissioner of Town and Country Planning Authority, O/o. Commissioner of Town and Country Planning, 807, Anna Salai, Chennai.

2.The District Collector, Trichy District, Trichy.

3.The Commissioner, Trichy Corporation, Trichy District.

4.The Deputy Director, Town and Country Planning Authority, Trichy Region, Trichy.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm 09.01.2023