M.Shajahan v. The Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.3932 and 3933 of 2020 M.Shajahan ... Petitioner vs.

1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 9.

2.The Additional Secretary(Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 9.

3.The Member Secretary, Local Planning Authority, Nagercoil, Kanyakumari District.

4.The Commissioner, Nagercoil Municipality Corporation, Nagercoil, Kanyakumari District.

5.Rajai Hazaria ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned rejection order in letter No.14677/UD4-1/2019-3, dated 25.02.2020 passed by the second respondent and consequential final notice in Na.Ka.No.5932/2019/F1 1/4

issued by the fourth respondent dated 27.02.2020 and quash the same as illegal and consequently direct the fourth respondent not to take any coercive action against the building premises in D.Nos.45 and 47, Balamore Road, T.S.No.2-6, Block 3, Ward D, Nagercoil Municipality, Nagercoil, Kanyakumari District.

For Petitioner : Mr.M.Ashok Padmaraj For R-1 to R-3 : Mr.T.Amjad Khan, Government Advocate For R-4 : Mr.P.Aathimoola Pandian

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed this writ petition challenging the impugned rejection order in letter No.14677/UD4-1/2019-3, dated 25.02.2020 passed by the second respondent and consequential final notice in Na.Ka.No.5932/2019/F1 issued by the fourth respondent, dated 27.02.2020 and to direct the fourth respondent not to take any coercive action against the building premises in D.Nos.45 and 47, Balamore Road, T.S.No.2-6, Block 3, Ward D, Nagercoil Municipality, Nagercoil, Kanyakumari District.

2. When the writ petition is taken up for hearing today, the learned Government Advocate appearing for the respondents 1 to 3, on instructions, informed this Court that the building in question had already been demolished.

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3. In view of the said submission, nothing survives for further adjudication in this writ petition. Hence, this writ petition is dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,J.] [R.V.,J.] 27.03.2024 NCC : Yes / No Index : Yes / No PM To:

1.The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 9.

2.The Additional Secretary(Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai - 9.

3.The Member Secretary, Local Planning Authority, Nagercoil, Kanyakumari District.

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D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM ORDER MADE IN DATED :27.03.2024 4/4