T. Ashok Kumar v. Commissioner, Madhavaram Municipality
2011-06-15
R.SUDHAKAR
body2011
DigiLaw.ai
JUDGMENT :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, forbearing the respondents from demolishing the building at Door Nos.17 to 25, M.R.H. Road and Door Nos.223, 223/1, 2, 224 of GNT Road in T.S.No.1092/3 Moolakadai Village, Ambattur Taluk, Tiruvallur District, pursuant to the notice dated 11.2.2011 of the third respondent. 2. Mr.R.N.Muthukumaran, learned counsel takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for final disposal. 3. The writ petition has been filed for a mandamus to forebear the respondents from demolishing the property pursuant to notice dated 11.2.2011. Learned counsel for the petitioners now submits that the grievance of the petitioners will be met if the representation dated 28.2.2011 addressed to the Special Deputy Collector, the third respondent herein is considered and disposed of on merits. The said representation has been acknowledged by the authority on 28.2.2011 itself and to the petitioners knowledge that representation has not been disposed of on merits. 4. Learned counsel appearing for the respondents states that the authority will dispose of the representation, if not already disposed of and proceed in the matter purely in accordance with law. 5. In view of the above submissions made by the learned counsel for the petitioners and the learned counsel for the respondents, the third respondent is directed to consider and dispose of the representation dated 28.2.2011 on its own merits and in accordance with law within two weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.