S.Fakkrudeen, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.1824 of 2018 and W.M.P(MD).No.1946 of 2018 S.Fakkrudeen ... Petitioner Vs.

1. The Commissioner, Tiruchirappalli City Corporation, Tiruchirappalli - 620001.

2. The Assistant Commissioner, Ariyamangalam Zone, Tiruchirappalli City Corporation, Tiruchirappalli - 620001.

3.R.Ramaiya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.01.2018 seeking to take appropriate action against the unauthorized construction done by the third respondent herein and demolish the building in T.S.No.242/4 within the time stipulated by this Court.

For Petitioner : Mr.C.Deepak For R-1 & R-2 : Mr.N.S.Karthikeyan For R-3 : Mr.C.Vakeeswaran

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of Mandamus, directing the respondents to consider the petitioner's representation dated 18.01.2018 seeking to take appropriate action against the unauthorized construction done by the third respondent and demolish the building in T.S.No.242/4 situated at Varaganeri, Thanjavur Road, Trichirappalli Taluk and District, within a timeframe.

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2. When the matter is taken up for hearing, the learned counsel appearing for the third respondent submitted that the property in T.S.No.242/4 does not belong to the third respondent. Further, the learned counsel submitted that the third respondent has not put up any construction in T.S.No.242/4.

3. The learned counsel appearing for the respondents 1 and 2 also submitted that the third respondent is not putting up any construction in T.S.No.242/4 and that, the third respondent is not the owner of T.S.No.242/4. However, the petitioner has filed this Writ Petition only in respect of T.S.No.242/4, though the same does not belong to the third respondent.

4. In view of the submissions made by the learned counsel appearing for the respondents 1 and 2 and the third respondent, we do not find any merit in this writ petition and accordingly, this Writ Petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(crl Side) /True Copy/ Sub Assistant Registrar +1cc to Mr.C.Vakeeswaran, Advocate Sr.No.68510 +1cc to Mr.N.S.Karthikeyan, Advocate Sr.No.68440 Pm MK/SB/SAR 4/27.06.2018/2P/3C W.P.(MD).No.1824 of 2018 18.06.2018 https://hcservices.ecourts.gov.in/hcservices/