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2010 DIGILAW 144 (MAD)

V. Subhurayen v. District Collector Coimbatore Collectorate & Others

2010-01-18

M.JAICHANDREN

body2010
Judgment :- This Writ Petition has been filed praying for a Writ of Mandamus to initiate action pursuant to the Demolition Notice, in R.O.C No.3977/2009/H1/W dt.29.07.2009, issued by the 2nd respondent. 2. The main contention of the learned counsel appearing on behalf of the petitioner is that the respondents 4 and 5 are attempting to put up a building in the property comprised in Old No.8/5, New T.S.No.8/562, bearing D.No.10A,Thilagar Street, R.S.Puram, Coimbatore without the necessary approval from the second respondent Corporation. 3. Counter affidavit has been filed on behalf of the 4 a the 5th respondents. Para.9, 10 a 11 of the counter affidavit read as follows. "9.These respondents submit that as soon as objections were raised by the petitioners sons a as soon as they received the notices they had stopped putting up constructions a they have been advised to put up further constructions only in accordance with law a after getting due permission from the competent authority. 10. These respondents submit that there is nothing to be demolished for the second respondent in the properties in question as sought for by the petitioner. Since the second respondent had taken steps in accordance with law a these respondent shave complied with the notices a stopped the constructions, the prayer as sought for by the petitioner is not available to him as on date. 11. These respondents submit that they had stopped further constructions which is at the basement stage a that will not put up any further constructions save in accordance with law." In view of the submissions made in the paragraphs cited above a as no further orders are necessary in the Writ Petition, this Writ Petition stands closed. Consequently connected M.P. is closed.