Hajrathnabi Sallalagi Alaibi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR Hajrathnabi Sallalagi Alaibi Vaslam Trust, Represented by its Female Line Trustee, B.Abdul Kadhar, S/o.Babajan 10, Jalal Kudhiri Street, Madurai Road, Trichy - 08.

: Petitioner Vs.

1.The District Collector, Tiruchirappalli.

2.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.

3.Tajudeen : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first and 1/6

second respondents to remove the illegal and unauthorized hoardings in the petitioner trust property at Madurai Road, Kuppankulam, Trichy on the basis of the petitioner's representation dated 07.10.2017 more particularly within a time frame as may be stipulated by this Court.

For Petitioner : Mr.M.Karunanithi For Respondent No.1 : Mr.N.Satheesh Kumar Additional Government Pleader For Respondent No.2 : Mr.K.R.Kishore Ram for M/s.R.D.Law Associates For Respondent No.3 : Mr.N.Mohan

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for a direction to the first and second respondents to remove the illegal and unauthorized hoardings in the petitioner's Trust property at Madurai Road, Kuppankulam, Trichy on the basis of the petitioner's representation dated 07.10.2017.

2.Today when the matter was taken up for hearing, learned Additional Government Pleader appearing for the first respondent submitted that the prayer sought for in this Writ 2/6

Petition has become infructuous on account of the fact that the hoardings in the said property have already been removed and a status report in this regard has also been filed by the first respondent before this Court. The relevant portion of the status report is extracted hereunder:

"4.It is submitted that immediately on the receipt of the order of the Hon'ble High Court myself in letter Rc.No.27121/2017 (D1) dated 30.12.2017 addressed to the Commissioner, Trichirappalli Corporation, the 2nd respondent herein requested to inform whether permission has been granted for putting up the hoardings in the petitioner's property. If not the 2nd respondent was requested to remove the same before 03.01.2018 and sent a report in this subject matter.

5.It is submitted that accordingly the Assistant Commissioner, Ariyamangalam Zone of Tiruchirappalli Corporation has inspected the property personally on 04.01.2008 and has found out that in the Kuppankulam Area comprised in Ward No.19, in the upper side of the petitioner's property, four constructions with Iron Rods measuring 15'x8', 15'x15', 20'x10' & 20'x10' have been put up and in the same in two constructions Flex Boards have been fixed for Advertisement purpose. The remaining two constructions have been kept idle without any advertisement. The Assistant Commissioner has instructed the tenant of the petitioner's property to remove the unauthorized 3/6

hoardings within 24 hours. Accordingly the unauthorized hoardings have been removed from the petitioner's property by the concerned persons on 05.01.2018 itself.

6.It is submitted that the above factum has been reported by the Assistant Commissioner to the Special Officer cum Commissioner, Trichirappalli Corporation in letter Rc.No.0108/2017/F1(Ariya) dated 05.01.2018 itself under copy to myself. Furthermore the Assistant Commissioner has submitted photos as documents supporting this factum by producing separate photos, before removal and after removal of the unauthorized hoardings in the petitioner's property."

3.Recording the aforesaid status report, this Writ Petition is dismissed as infructuous. There shall be no order as to costs. [D.K.K.,J.] & [M.S.K.,J.] 22.01.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Tiruchirappalli.

2.The Commissioner, Tiruchirappalli Corporation, Tiruchirappalli.

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D.KRISHNAKUMAR, J.

and MUMMINENI SUDHEER KUMAR, J.

MR ORDER MADE IN 22.01.2024 6/6