Madras High CourtWP(MD)/11024/2014withdrawn dismissed

Maganlal Mehta And Co, v. The Assistant Divisional

2016-11-09Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.11024 of 2014 MAGANLAL MEHTA AND CO REP. BY ITS DIRECTOR NITUL MEHTA NO.51 AVM BUILDING KALLUKATTI NORTH KARAIKUDI SIVAGANGAI DISTRICT .. Petitioner Vs.

1 THE ASSISTANT DIVISIONAL ENGINEER DEPT. OF HIGHWAYS KARAIKUDI SIVAGANGAI DISTRICT 2 THE COMMISSIONER KARAIKUDI MUNICIPALITY KARAIKUDI SIVAGANGAI DISTRICT .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records on the file of the 1st respondent in Ka.No. 40/2014/E.Ne.U dated 01.07.2014 and quash the same as illegal.

For Petitioner : Mr.Mahaboob Athiff for M/s.Ajmal Associates For Respondents : Mr.M.Govindan for R1 Spl. Government Pleader R2 : No Appearance

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this writ petition challenging the order passed by the 1st respondent by his proceedings Ka.No.40/2014/E.Nc.U dated 01.07.2014 directing the petitioner to remove all the advertisement board put up on the Highways Road.

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2. We have heard the learned counsel for the petitioner and

the learned Special Government Pleader for the 1st respondent.

3. The learned counsel for the petitioner submitted that these advertisement boards were put up by the petitioner only in pursuance of the permission granted.

4. When we pointed out that the said permission was granted in the year 2007 cannot have perpetual right for the petitioner, the learned counsel for the petitioner offered to withdraw the writ petition. Therefore, permission is granted. Since the writ petition is withdrawn and the same is dismissed, the petitioner shall, on his own, remove all the advertisement boards within two weeks from the date of receipt of a copy of this order and if he fails to remove the same, the respondents shall remove the same within one week thereafter. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar RR To 1 THE ASSISTANT DIVISIONAL ENGINEER DEPT. OF HIGHWAYS KARAIKUDI SIVAGANGAI DISTRICT 2 THE COMMISSIONER KARAIKUDI MUNICIPALITY KARAIKUDI SIVAGANGAI DISTRICT +1cc to M/s AJMAL ASSOCIATES Advocate Sr.No.

67284 +1cc to Spl.Government Pleader Sr.No. 67941 JAM/28.11.16/CK/2P-5C ORDER MADE IN W.P(MD)No.11024 of 2014 09.11.2016 https://hcservices.ecourts.gov.in/hcservices/