Madras High CourtWP(MD)/1810/2023dismissed as infructuous

Gopala Krishnan .R v. The Director Of Town And Country Planning

2023-02-14Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.1603 & 1604 of 2023 R.Gopala Krishnan ... Petitioner Vs 1.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, 807, Anna Salai, Chennai 02.

2.The District Collector Tirunelveli District, Tirunelveli.

3.The Assistant Director of Town Panchayat, Tirunelveli Region, Tirunelveli District.

4.The Executive Officer Special Grade Town Panchayat, Valliyur, Tirunelveli District.

... Respondents 1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice in Na.Ka.No.175/2021 dated 17.06.2022 on the file of the fourth respondent and quash the same as illegal and consequently forbear the respondents 1 to 4 from demolishing, evicting the petitioner's shop in Shop No.9 at in the name and style of Kannan Sweet Stall, Arignar Anna New Bus Stand, Valliyur, Tirunelveli District without providing alternate shops. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.A.K.Manikkam Special Government Pleader for R.1 to R.3 Mr.H.Arumugam Standing Counsel for R.4

ORDER

Heard the learned counsel on either side.

2.The license stood in the name of one Ramasubbu Konar. He has since no more. The said Ramasubbu Konar is having more than one legal heir. The writ petitioner is one among them. Vide order dated 14.02.2023 in W.P(MD)No.16149 of 2022, I disposed of a batch of writ petitions. The same benefit will accrue in favour of the writ petitioner only if he is able to furnish no objection certificate from the other legal heirs. 2/4

3.This writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 14.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Issue Order Copy on 16.02.2023.

To 1.The Director of Town and Country Planning, Office of the Director of Town and Country Planning, 807, Anna Salai, Chennai 02.

2.The District Collector Tirunelveli District, Tirunelveli.

3.The Assistant Director of Town Panchayat, Tirunelveli Region, Tirunelveli District.

4.The Executive Officer Special Grade Town Panchayat, Valliyur, Tirunelveli District.

3/4

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.1603 & 1604 of 2023 14.02.2023 4/4