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Madras High CourtWP(MD)/6586/2017closed

H.Vasanthi, W/O. Haridhas, v. The District Collector

2017-04-13Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2017

CORAM:

THE HON'BLE Mr.JUSTICE V.PARTHIBAN W.P.(MD) No.6586 of 2017 and W.M.P.(MD).No.5176 of 2017 H.Vasanthi .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar Madruai North, Madurai.

3.The Commissioner, Madurai Corporation, Madurai.

4.Andi .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the Respondents 1 to 3 from demolishing the petitioner's house admeasuring an extent of 220 Sq.Feet in Old Survey No.23/10 at present Town Survey No.91, at Door No.11, Nithish Kumar Complex, Nethaji Main Road, Meenambalpuram, Madurai2 at the instance of the 4th Respondent against pending civil suit in O.S.No.867 of 2012, on the file of the Principal District Munsif Court, Madurai Town.

For Petitioner : Mr.V.P.Rajan For R1 and R2 : Mr.D.Muruganantham Additional Government Pleader For R3 : Mr.Prabhu Ramachandran

O R D E R

The petitioner has approached this Court by way of this Writ of Mandamus, forbearing the Respondents 1 to 3 from demolishing the petitioner's house admeasuring an extent of 220 Sq.Feet in Old Survey No.23/10 at present Town Survey No.91, at Door No.11, Nithish Kumar Complex, Nethaji Main Road, https://hcservices.ecourts.gov.in/hcservices/

Meenambalpuram, Madurai-2 at the instance of the 4th Respondent against pending civil suit in O.S.No.867 of 2012, on the file of the Principal District Munsif Court, Madurai Town.

2. Mr.D.Muruganandham, learned Additional Government Pleader takes notice for R1 and R2.

3. Learned counsel appearing for the third respondent give an undertaking that the compound wall which according to the petitioner would likely to be demolished would not be demolished without resorting due process of law.

4. Being recorded the said undertaking before this Court, nothing survives for consideration in this writ petition and therefore this Writ Petition is closed. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madruai North, Madurai.

3.The Commissioner, Madurai Corporation, Madurai.

+One cc to Mr.V.P.Rajan, Advocate, SR.No.51923 +One cc to Mr.R.Prabu Ramachandran, Advocate, SR.No.51957 PJL RL/6C/2P/RR/4.5.2017 W.P.(MD) No.6586 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.04.2017