Madras High CourtWP(MD)/9284/2020disposed of

Arulmigu Kalyanasundareshwarar Temple v. The Commissioner

2022-02-21Honourable Mr Justice Abdul Quddhose2 pages

W.P(MD).No.9284 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P(MD).No.9284 of 2020 and W.M.P.(MD).Nos.8455 to 8457 of 2020 and 4316 of 2021 Arulmigu Kalyanasundareshwarar Temple, Melur, Madurai District through its Executive Officer .. Petitioner Vs.

1.The Commissioner, Melur Municipality, Melur, Madurai District.

2.P.Ganesh Pandian .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Certiorarified Mandamus, quashing the proceedings of the 1st respondent in c/Miz 116/BL/2020/00029, dated 04.03.2020 and directing the 1st respondent to cancel the building plan in c/Miz 116/BL/2020/00029, dated 04.03.2020, in respect of the property of the petitioner in Madurai District, Melur Village, S.No.185/5, measuring 0.44 1⁄2 cents.

For Petitioner : Mr.S.Manohar For Respondents : Mr.J.Gunaseelan Muthiah for R1 Standing Counsel Mr.M.Ajmal Khan Senior Counsel for M/s.Ajmal Associates for R2

ORDER

In view of the order passed by this Court in W.P.(MD). No.16009 of 2020 dated 21.02.2022, this Court is of the considered view that the relief sought for cancellation of the building plan in respect of the subject property cannot be granted as unless and until, the sale deed standing in the name of the third respondent gets cancelled by a competent Civil Court.

2.Therefore, this writ petition is also disposed of in terms of the directions issued by this Court in W.P.(MD).No.16009 of 2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.9284 of 2020 No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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 The Commissioner, Melur Municipality, Melur, Madurai District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-7676[F] dated 22/02/2022 ) +1 CC to M/s.S.MANOHAR, Advocate ( SR-7715[F] dated 22/02/2022 ) W.P(MD).No.9284 of 2020 21.02.2022 KB(09.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2