← Library
Madras High CourtREV.APLW(MD)/234/2023disposed of

Ramachandran .R v. The District Collector,

2023-12-19Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.24145 and 24404 of 2023 in Review Application Writ (MD) No.234 of 2023 R.Ramachandran ... Petitioner in both Rev. Aplws.

Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Commissioner, Dindigul Corporation, Dindigul.

3.The Local Planning Authority, Door No.5, Thiruvalluvar Nagar, 7th Cross Street, Spencer Compound,

...Respondents 1 to 3 in Rev.Aplw.

(MD) No.234 of 2023/ Respondents 2 to 4 in Rev.Aplw.

(MD) No.258 of 2023 4.The Secretary, Housing and Urban Development Department, Chennai - 9.

... 4th Respondent in Rev.Aplw.

(MD) No.234 of 2023 1/5

5.Shanta Suresh ... 5th Respondent in Rev.Aplw.

(MD) No.234 of 2023/ 1st Respondents in Rev.Aplw.

(MD) No.258 of 2023 5.The Tahsildar, Dindigul East, Treasury Road, Mettupatti, 6.The Executive Engineer, Public Works Department, Buildings (Construction and Maintenance), Dindigul Division, Dindigul.

...Respondents 5 & 6 in Rev.Aplw.

(MD) No.234 of 2023 PRAYER: Petition filed under Order XLVII Rule 1 of C.P.C. r/w Section 114 of C.P.C., praying to review the orders of this Court dated 04.10.2018 and 21.02.2018 in W.P.(MD) Nos.11484 of 2018 and 11167 of 2016. For Petitioner in both the: Mr.T.Lajapathi Roy Rev.APLWs.

Senior Counsel For Respondents : Mr.S.Shanmugavel, Additional Government Pleader for R1, R3 & R4 in Rev.Aplw.(MD) No.

234 of 2023/R2, R4 to R6 in Rev.Aplw.

(MD) No.258 of 2023 Mr.J.Lawrance for R2 in Rev.Aplw.(MD) No.234 of 2023/R3 in Rev.Aplw.

(MD) No.258 of 2023 2/5

Mr.VR.Shanmuganathan for R5 in Rev.Aplw.(MD) No.234 of 2023/R1 in Rev.Aplw. (MD) No.258 of 2023

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Review Applications have been instituted to review the order dated 04.10.2018 and 21.02.2018 in W.P.(MD) Nos.11484 of 2018 and 11167 of 2016.

2. The Status Reports filed by the Commissioner, Dindigul Corporation, Dindigul and the Local Planning Authority, Dindigul, would reveal that the further action to implement the project has been dropped and the land acquisition proposed to be initiated is also dropped.

3. That being the factum, the orders passed by this Court dated 04.10.2018 and 21.02.2018 in W.P.(MD) Nos.11484 of 2018 and 11167 of 2016 are recalled and the review petitions stand allowed. In view of the fact that all further actions were dropped, the Writ Petitions stand closed. If at all any unauthorized constructions are identified, the authorities have to follow the procedure for removal of un-authorized constructions. No costs. Consequently, 3/5

connected Writ Miscellaneous Petitions in Rev.APLW(MD) No.234 of 2023 are closed.

(S.M.S., J.) & (V.L.N., J.) 19.12.2023 NCC : Yes / No Index : Yes / No SJ To 1.The District Collector, Dindigul District, Dindigul.

2.The Secretary, Housing and Urban Development Department, Chennai - 9.

3.The Tahsildar, Dindigul East, Treasury Road, Mettupatti, 4.The Executive Engineer, Public Works Department, Buildings (Construction and Maintenance), Dindigul Division, Dindigul.

4/5

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ 19.12.2023 5/5