S.Sivaraj, v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS. JUSTICE R.THARANI W.P.(MD)No.20373 of 2018 and W.M.P.(MD).Nos.18132 and 21002 of 2018 S.Sivaraj : Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Municipal Administration & Water Supply, Chennai-600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Member Secretary, Kodaikanal Municipality, Kodaikanal Local Planning Authority, Kodaikanal, Dindigul District.

5.Mrs.Vijayalakshmi : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to take appropriate action against the 5th respondent for the unauthorized /illegal construction in T.S.Nos.5 & 6 at Naidupuram, Kodaikanal, Dindigul District, on the basis of the petitioner's representation dated 18.9.2018.

For Petitioner : Mr.P.M.Vishnuvarthanan For R1 and R2 : Mr.R.Sethuraman Special Government Pleader For R3 and R4 : Mr.T.S.Mohammed Mohideen

ORDER

[Order of the Court was made by R.SUBBIAH, J] The Petitioner has come forward with this Writ Petition seeking to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action against the fifth respondent for the unauthorized /illegal construction in T.S.Nos.5 & 6 at Naidupuram, Kodaikanal, Dindigul District, on the basis of his representation, dated 18.9.2018.

2.Heard Mr.P.M.Vishnuvarthanan, learned counsel appearing for the petitioner, Mr.R.Sethuraman, learned Special Government Pleader appearing for the first and the second respondent and Mr.T.S.Mohammed Mohideen, learned Standing Counsel appearing for the third and fourth respondents.

3.Today when the matter was taken up for consideration, the learned counsel appearing for the third and fourth respondents submitted that pursuant to the representation given by the petitioner, the respondent Municipality had already initiated action by issuing notice under Section 217(E)(2) of the Tamil Nadu District Municipalities Act, 1920, dated 19.11.2018.

4.Since the respondent Municipality had already initiated the action, there is no need to give any specific direction. Hence, this writ petition stands closed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Principal Secretary to Government of Tamil Nadu, Department of Municipal Administration & Water Supply, Chennai-600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Member Secretary, Kodaikanal Municipality, Kodaikanal Local Planning Authority, Kodaikanal, Dindigul District.

+1CC to Mr.T.S.Mohammed Mohideen, Advocate, SR.No. 96448 +1CC to the Special Government Pleader SR.No.96791 W.P.(MD)No.20373 of 2018 22.11.2018 NS ES/SKN/RSK/SAR 1/05.12.2018/3P/3P/7C