M. Mahalmani v. Secretary to Government, Municipal Administration & Water Supply Department, Chennai
2014-08-18
M.JAICHANDREN, R.MAHADEVAN
body2014
DigiLaw.ai
Judgment R. Mahadevan, J. 1. Heard the learned counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the first respondent. 2. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the 2nd respondent not to demolish the public toilet in Block No.19, Ward C, Millar Puram West, Palayamkottai Road, near Roobavathi Palace, Thoothukudi, without constructing a new toilet in an alternative site in the same area as per G.O.No.412, dated 24.07.2013, issued by the first respondent. 3. The learned counsel appearing on behalf of the petitioner seriously contended that there must be a new toilet before demolition of the existing one. 4. Per contra, the learned Special Government Pleader, upon instructions, submitted that the said toilet was demolished already and he produced a copy of the G.O. in G.O.Ms.No.412, dated 24.07.2013, wherein the Government observed that earlier one was constructed in a private land inadvertently and thereafter, permitted the Municipal authorities to demolish the said old toilet and to construct a new one in the alternative site. 5. Hence, nothing survives in this writ petition for adjudication and by recording G.O.Ms.No.412, dated 24.07.2013, the writ petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also dismissed. No costs.