V.Rajasekar, v. Tiruchirapalli City Municipal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5778 of 2017 and W.M.P(MD)Nos.4603 to 4606 of 2017 V.Rajasekar ... Petitioner vs.

1.Tiruchirapalli City Municipal Corporation, Rep. By its Commissioner, Srirangam Zone, Trichy.

2.The Assistant Commissioner, Tiruchirapalli City Municipal Corporation, Srirangam Division, Trichy.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notices dated 27.01.2017, 28.02.2017 & 09.03.2017 in Na.Ka.No.1438/2016/F1/Sri on the file of the 2nd respondent/Assistant Commissioner, Srirangam Division, Trichy Corporation and quash the same as arbitrary, incompetent and without jurisdiction and for a further direction to the respondents to open the seal of the petitioners property in New Door No.33, Old Door No.10, Srinivasa Nagar, 5th Cross Street, Thiruvanai Kovil, Trichy. For Petitioner : Mr.H.Lakshmi Shankar For Respondents : Mr.N.S.Karthikeyan, Special Government Pleader

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The proceedings of the Trichy Municipal Corporation sealing the building owned by the petitioner bearing Door No.33, Srinivasa Nagar, 5th Cross Street, Thiruvanai Kovil, Trichy, is under challenge in this writ petition.

2.The learned counsel for the petitioner submitted that pursuant to the interim order granted by this Court, the Municipal Corporation de-sealed the ground floor portion of the building. The petitioner has already filed an appeal against the order rejecting the application for planning permission. Since the petitioner is permitted to reside in the ground floor portion, there is no need to https://hcservices.ecourts.gov.in/hcservices/

consider the order passed by the Municipal Corporation sealing the premises.

3.The petitioner was aggrieved by the order directing sealing of the premises. The respondents have de-sealed the ground floor portion, where the petitioner is presently residing. The petitioner has already filed an appeal before the statutory authority.

4.In view of the subsequent events, we are of the view that no further adjudication is necessary in this writ petition. 5.This writ petition is closed with the above observation. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Tiruchirapalli City Municipal Corporation, Srirangam Zone, Trichy.

2.The Assistant Commissioner, Tiruchirapalli City Municipal Corporation, Srirangam Division, Trichy.

+1cc to Mr.H.Lakshmi Shankar Advocate in SR. No.64784 GK/SKM JS/SV/SAR.1/27.7.2017/2P-4C W.P(MD)No.5778 of 2017 and W.M.P(MD)Nos.4603 to 4606 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/