Madras High CourtWP(MD)/5763/2017disposed of

Soonaimuthu v. The District Collector

2017-07-12Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5763 of 2017 and W.M.P(MD)No.9872 of 2017 Soonaimuthu .. Petitioner Vs.

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

3.The Assistant Executive Engineer, Madurai North Zone, Madurai Municipal Corporation, Madurai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to remove the water tank situated at Ayyanar Kovil 5th Street, Manavalan Nagar, Sellur, Madurai-625 002, by considering the petitioner's representation dated 29.08.2016. For petitioner : Mr.R.Rajmohan For R1 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R2 & R3 : Mr.N.Shanmuga Selvam

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to remove the water tank situated at Ayyanar Kovil 5th Street, Manavalan Nagar, Sellur, Madurai-625 002, by considering his representation dated 29.08.2016.

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2.The learned Standing Counsel for the Madurai Corporation on instruction submitted that the Corporation has already removed the water tank and as such nothing survives for adjudication. 3.The learned Counsel for the petitioner submitted that there is a concrete construction and a direction should be issued to the respondents to remove the same.

4.We do not find any reason to direct the Corporation to remove the concrete basement, in view of the direction issued earlier to provide a water tank for uninterrrupted water supply to the local people.

5.The writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Madurai District.

2.The Commissioner, Madurai Municipal Corporation, Madurai.

3.The Assistant Executive Engineer, Madurai North Zone, Madurai Municipal Corporation, Madurai.

+One cc to Mr.N.Shanmugaselvam, Advocate, SR.No.65212 +One cc to The Special Government Pleader, SR.No.65606 rj2/psd/tsg RL/6C/2P/SV/SAR2/20/7/2017 ORDER MADE IN W.P(MD)No.5763 of 2017 and W.M.P(MD)No.9872 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/