M/S New Dhanalakshmi Talkies v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.3928 of 2015 and M.P(MD) Nos. 1 and 2 of 2015 M/s.New Dhanalakshmi Talkies (P) Ltd., A Company incorporated under the Companies Act Represented by its Managing Director, S.Thiruvengadasamy, S/o.Srinivasan, having office at 1/438/Venkatachalapuram, Sattur Taluk, Virudhunagar District.

..... Petitioner - Vs1. The State of Tamil Nadu, Represented by The District Collector, Virudhunagar District, Virudhunagar.

2. The Municipal Commissioner, Municipal Office, Sattur.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents their men, agents, servants or anybody claiming through them not to put up any construction either for the proposed latrine or for any other purpose abutting the emergency gate of the petitioner Cinema Theatre in T.S.No.106/1, Ward No.23, Perumalkoil North Mada Veethi, Sattur Town. For Petitioner : Mr.D.Venkatesh For Mr.A.Sivaji For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader For R-1 : Mr.M.Kannan - For R2

ORDER

This writ petition has been filed seeking for a Writ of Mandamus, directing the respondents, their men, agents, servants or anybody claiming through them not to put up any construction either for the proposed latrine or for any other purpose abutting the emergency gate of the petitioner's Cinema Theatre in T.S.No.106/1, Ward No.23, Perumalkoil North Mada Veethi, Sattur Town.

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2. The learned counsel appearing for the second respondent would submit that since there is an interim order of stay was granted by this Court by entertaining this writ petition, the administrative sanction for the said proposal was cancelled as withdrawn and therefore as of today, there is no proposal to make any construction in view of the above said cancellation of the administrative sanction.

3. Recording the same, no further adjudication is required to be made in this Writ Petition. However, the petitioner is at liberty to approach the concerned authorities if any construction is sought to be made in future.

4. Accordingly, this Writ petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 13.02.2023 NCC: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Municipal Commissioner, Municipal Office, Sattur.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No. 3928 of 2015 13.02.2023 5/5