Ramasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.14628 of 2017 Ramasubramanian : Petitioner vs.

1.The District Collector, Collectorate, 2.The Commissioner, Office of the Commissioner, Madurai Corporation, 3.The Assistant Commissioner, Madurai Local Planning Authority, Arignar Anna Maligai, Madurai Corporation Building, 4.The Member Secretary, Madurai Town Planning Department, Corporation Office Complex, Third Floor, Anna Maligai, Madurai -2.

5.The Proprietor, Saravana Selvarathinam, Ward No.22, Block No.61, Thirupparankundram Main Road, Palanganatham, Madurai-3.

: Respondents (R4 and R5 impleaded as per order of this Court made in W.M.P(MD)No.12099 of 2017 in W.P(MD)No.14628 of 2017, dated 22.08.2017) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus directing the respondents to take appropriate action against the Saravana Selvarathinam shop which is functioning at T.S.No.141/2, Block.61, Ward 22, Madurai based on the information furnished by the first respondent in his reply in Na.Ka.No.1095/17/Mathi.2, dated

11.07.2017 for functioning the shop without following the mandates as prescribed under Tamil Nadu Town and Country Planning Act, 1971. For Petitioner :M/s.R.Senthil Kumar For Respondents :Mr.M.Govindan 1,3 and 4 Spl Govt.Pleader For Respondent-2 :M/s.N.Shanmuga selvam For Respondent-5 :Mr.Issac Mohanlal Senior Counsel for M/s.P.Subbiah

O R D E R

************* [Order of the Court was made by M.VENUGOPAL, J.] This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents to take appropriate action against Saravana Selvarathinam shop which is functioning at T.S.No.141/2, Block.61, Ward 22, Madurai based on the information furnished by the first respondent in his reply in Na.Ka.No.1095/17/Mathi.2, dated 11.07.2017 for functioning the shop without following the mandates as prescribed under Tamil Nadu Town and Country Planning Act, 1971.

2.Heard both sides. No counter is filed on behalf of the respondents.

3.By consent, the main Writ Petition itself is taken up for final disposal.

4.It is now represented on behalf of the fifth respondent before this Court that the Director of Town and Country Planning, Chennai has issued a proceedings in Na.Ka.No.13431/2017/CB, dated 28.09.2017, granting approval of revised plan to the property in question, subject to the condition of payment of Infrastructure and Amenity Charges.

5.Recording the aforesaid fact, this Court closes the Writ Petition, since nothing survives for adjudication. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate,

2.The Commissioner, Office of the Commissioner, Madurai Corporation, 3.The Assistant Commissioner, Madurai Local Planning Authority, Arignar Anna Maligai, Madurai Corporation Building, 4.The Member Secretary, Madurai Town Planning Department, Corporation Office Complex, Third Floor, Anna Maligai, Madurai -2.

+1cc to Mr.P.SUBBIAH Advocate in SR. No. 81727 +1cc to Mr.R.SENTHIL KUMAR Advocate in 4SR. No. 81632 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 81795 VSN JS/SKN.RSK/SAR.1/24.10.2017/3P-8C ORDER MADE IN W.P.(MD)No.14628 Of 2017 05.10.2017