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Madras High CourtWP(MD)/9355/2020dismissed

N. Pushpam v. The Commissioner

2020-09-21Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.8503 & 8504 of 2020 N.Pushpam ... Petitioner Vs.

1.The Commissioner Madurai Corporation Office, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

2.The District Collector, Madurai Collectorate Office, Madurai - 625 020.

3.The Tahsildar (Madurai North) Madurai Collectorate Office, Madurai - 625 020.

4.The Inspector of Police Thallakulam Police Station, Madurai.

5.The Executive Engineer Tamilnadu Electricity Board, Bishop House Road, Madurai - 625 007.

6.The Assistant Engineer, Tamilnadu Electricity Board Bishop House Road, Madurai - 625 007.

7.A.Thangaraj ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent not to grant any building permission in favour of the seventh respondent to construct any building or house on his Plot No.7A, 1/3

comprised in UDR Survey No.68/3A of Surya Nagar or in the alternative if any such building permission was granted by the first respondent in favour of seventh respondent to construct any building on the Plot No.7A, comprised in UDR Survey No.68/3A of Surya Nagar of Madurai Corporation limits, to revoke the same. For Petitioner : Mr.A.Mohan For 1st Respondent : Mr.R.Murali Standing counsel For Respondents 2 to 4 : Mr.P.Mahendran Additional Government Pleader For Respondents 5 & 6 : Mrs.S.Srimathy, for S.M.S.Johny Basha Standing counsel For 7th Respondent : Mr.Mahaboob Athiff for M/s.Ajmal Associates

O R D E R

Heard, the learned counsel on either side.

2.The primary relief sought in this writ petition is for restraining the Madurai Corporation from granting building permission to the seventh respondent herein.

3.When the matter was taken up for hearing, it is submitted that on 15.07.2020 itself, such a building permission has been granted. Therefore, it is for the petitioner to question the same in the manner known to law.

4.This Writ Petition is dismissed with the aforesaid liberty. I make it clear that I have not gone into the merits of the matter. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) 2/3

rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Commissioner Madurai Corporation Office, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

2.The District Collector, Madurai Collectorate Office, Madurai - 625 020.

3.The Tahsildar (Madurai North) Madurai Collectorate Office, Madurai - 625 020.

4.The Inspector of Police Thallakulam Police Station, Madurai.

5.The Executive Engineer Tamilnadu Electricity Board, Bishop House Road, Madurai - 625 007.

6.The Assistant Engineer, Tamilnadu Electricity Board Bishop House Road, Madurai - 625 007.

+1 CC to SGP ( SR-17745[F] dated 22/09/2020 ) +1 CC to M/s.R. MURALI, Advocate ( SR-17660[F] dated 22/09/2020 ) W.P(MD)No.9355 of 2020 21.09.2020 SS(CO) NR (05.10.2020) 3P 9C 3/3