Sri Sudharsana Sabha v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Sri Sudharsana Sabha, Represented by its Secretary, R.K.Nagarajan ... Petitioner in W.P(MD)No.22003 of 2021 R.Ram Prabhu @ Ram Babu ... Petitioner in W.P(MD)No.22004 of 2021 vs.

1.The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Thanjavur City Municipal Corporation, Thanjavur.

... Respondents in both W.Ps'

COMMON PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to de-seal the building and premises locked under the notice dated 13.08.2021 in Na.Ka.No.9583/2021/MCF3 by the second respondent in T.S.No.1469/Part, Gandhiji Road, Thanjavur and consequentially restrain the second respondent from in any manner interfering with the petitioners' enjoyment of the said property. 1/4

In both W.Ps':

For Petitioner : Mr.P.Vadivel For Respondent No.1 : Mr.S.P.Maharajan Special Government Pleader For Respondent No.2 : Mr.N.Dilip Kumar COMMON ORDER (Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioners have filed the present Writ Petitions for issuance of a Writ of Mandamus, to direct the respondents to de-seal the building and premises locked under the notice dated 13.08.2021 in Na.Ka.No. 9583/2021/MCF3 by the second respondent in T.S.No.1469/Part, Gandhiji Road, Thanjavur and consequentially restrain the second respondent from in any manner interfering with the petitioners' enjoyment of the said property. 2.Today, when the matter was taken up for hearing, learned counsel appearing for the second respondent submitted that the unauthorized construction made by the petitioners has already been removed and therefore, nothing survives for further adjudication in the Writ Petitions.

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3.Recording the above submission of the learned counsel for the second respondent, these Writ Petitions are dismissed as infructuous. No costs.

[D.K.K.,J.] [R.V.,J.] 27.03.2024 NCC : Yes / No Index : Yes / No ps To 1.The Principal Secretary, Government of Tamil Nadu, Housing and Urban Development Department, Secretariat, Chennai - 600 009.

2.The Commissioner, Thanjavur City Municipal Corporation, Thanjavur.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 27.03.2024 4/4