Madras High CourtWP(MD)/1440/2018dismissed as infructuous

Mr.Paneerselvam,Procurator, v. The Commissioner,

2018-02-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.02.2018 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.1440 of 2018 and W.M.P(MD)No.1502 of 2018 Paneerselvam ... Petitioner -Vs1.The Commissioner Tiruchirapalli City Corporation Trichy - 1 2.The Asst. Commissioner, K.Abishekapuram Zone, Tiruchirapalli City Corporation, Trichy.

3."The Catholic Mission Tiruchirappalli Diocese"

Rep by its Procurator, Convent Road, Cantonment, Trichy - 1.

4.The Member Secretary, Local Planning Authority, Tiruchirappalli.

5.A.John Peter Kennedy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified mandamus calling for the records of bearing Na.Ka.No.F1/5485/K.Abi, dated 19.10.2017 and Na.Ka.No.F1/5485/2016/K.Abi, dated 27.10.2017 of the 2nd respondent herein and Na.Ka.No.F1/5485/2016/K.Abi, dated 01.12.2017 on the 1st respondent herein and quash the same in so far as it relates to the directions contained in the proceeding directing the petitioner to suspend the building operations till the enquiry was completed and forbear the respondents from in any manner interfering with the petitioners right to go ahead with the construction of the marriage hall at Town Survey No.50/1, 50/2 part, St.Paul Seminary Road, K.Abishekapuram, Tiruchirappalli in accordance with the building approval by the Tiruchirappalli Local Planning Authority bearing Na.Ka.No.1064/2016/TLPA-2, dated 07.07.2017 and the building permit bearing No.228 of 2017, dated 07.08.2017 of the 2nd respondent herein.

https://hcservices.ecourts.gov.in/hcservices/

For petitioner :Mr.A.R.L.Sundaresan,Senior Counsel for Mr.S.Vinod Sathya Lazar For Respondents 1 & 2 :Mr.N.S.Karthikeyan Additional Government Pleader For Respondent 4 : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

The petitioner has filed this writ petition to issue a Writ of Certiorarified mandamus calling for the records of bearing Na.Ka.No.F1/5485/K.Abi, dated 19.10.2017 and Na.Ka.No.F1/5485/2016/K.Abi, dated 27.10.2017 of the 2nd respondent herein and Na.Ka.No.F1/5485/2016/K.Abi, dated 01.12.2017 on the 1st respondent herein and quash the same in so far as it relates to the directions contained in the proceeding directing the petitioner to suspend the building operations till the enquiry was completed and forbear the respondents from in any manner interfering with the petitioners with the petitioners right to go ahead with the construction of the marriage hall at Town Survey No.50/1, 50/2 part, St.Paul Seminary Road, K.Abishekapuram, Tiruchirappalli in accordance with the building approval by the Tiruchirappalli Local Planning Authority bearing Na.Ka.No.1064/2016/TLPA-2, dated 07.07.2017 and the building permit bearing No.228 of 2017, dated 07.08.2017 of the 2nd respondent herein.

2.Today, the learned counsel, appearing for the petitioner submitted that since the final orders passed by the 1st respondent in and by his proceedings Na.Ka.F1/5485/2016/K.Abi, dated 30.01.2018, the present writ petition has becomes infructuous. He had also made an endorsement to that effect.

3.In view of the same, the writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Commissioner, Tiruchirapalli City Corporation, Trichy - 1 2.The Asst. Commissioner, K.Abishekapuram Zone, Tiruchirapalli City Corporation, Trichy.

3.The Member Secretary, Local Planning Authority, Tiruchirappalli. +One cc to Mr.S.Vinod Sathyahzor, Advocate, SR.No.49812 TM RL/5C/2P/SKN/RSK/SAR4/27/2/2018 W.P.(MD).No.1440 of 2018 and https://hcservices.ecourts.gov.in/hcservices/ W.M.P(MD)No.1502 of 2018 16.02.2018