S. Dhavaseelan, v. The Commissioner,

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 S.Dhavaseelan : Petitioner Vs.

1.The Commissioner, Kumbakonam Municipality, 2.The Deputy Director, Town and Country Planning, 3.The Director, Town and Country Planning, Pt.lee Chengalvaraya Naicker Building, Mount Road, Chennai - 600 002.

4.The Commissioner, Municipality Administration, Chepauk, Chennai - 600 005.

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5.The District Collector, 6.S.S.Construction, Rep. by its Proprietor, Mr.Selvarajan, S/o.Subramanian, Having Office at No.4, Angubharathi Nagar, Dindigul.

Branch Office at No.1, LBS Road, Royal Apartment, 7.Royal Apartment Owner's Association, Rep. by its Secretary, Dr.S.Bala Ganesh, No.2B2, Royal Apartment, Lal Bhagadur Sastri Road, Thanjavur Dsitrict.

: Respondents [R7 is impleaded vide order dated 27.03.2024] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 2/6

to remove the illegal construction made by the sixth respondent in Town Survey numbers 699/B, 7000/B, 701/B, 702/B, 703/B, 704/B, 705/B, 722/2B, 1197/A and 1198/A1 of Block number 11 and 20, Ward No.6 of Kumbakonam Municipality [ie., sixteen flats at the northern side of the 'A' Block and the ground floor of all the block] and reject the revised plan approval request made by the sixth respondent.

For Petitioner : Mr.K.Balu For Respondents 2 to 5 : Mr.S.P.Maharajan, Special Government Pleader For Respondent No.6 : Mr.S.I.Muthiah for Mr.R.Varadharajan For Respondent No.7 : Mr.B.Anandan

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] When the Writ Petition was taken up for hearing, learned Counsel for the sixth respondent submitted that the sixth respondent has already obtained the revised plan approval from the authorities and hence, this Writ Petition has become infructuous. 2.Recording the aforesaid submission of the learned Counsel for the sixth respondent, this Writ Petition is dismissed as infructuous. If the petitioner is aggrieved by the approval granted 3/6

for the revised plan, he is at liberty to challenge the same. There shall be no order as to costs.

[D.K.K.,J.] & [R.V.,J.] 27.03.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Commissioner, Kumbakonam Municipality, 2.The Deputy Director, Town and Country Planning, 3.The Director, Town and Country Planning, Pt.lee Chengalvaraya Naicker Building, Mount Road, Chennai - 600 002.

4.The Commissioner, Municipality Administration, Chepauk, Chennai - 600 005.

5.The District Collector, 5/6

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 27.03.2024 6/6