This court closed the writ petition as the petitioner indicated lack of instructions and had allegedly sold the disputed property to a third party, rendering the matter moot regarding the plea for specific performance of planning regulations.
The Writ Petition and connected miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.6365 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE N.MALA
W.P. No.6365 of 2020 and
W.M.P.Nos.7510 & 7512 of 2020
M.Krishnamurthy
... Petitioner
Vs.
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to take all steps immediately, as per the provisions of Tamil Nadu Country and Town Planning Act, so as to prevent the 2nd respondent from putting up any
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W.P.No.6365 of 2020
manner of construction, without obtaining any necessary planning permit and building plan approval from the 1st respondent in his property, being the site measuring 16 feet East to west and 33 feet North to South that in all measuring 528 sq.ft. in Grama Natham S.No.4/1, situated in Pillaiyar Koil Street, Perumalagaram Village, Vada Noombal, Madhura, Ambattur Taluk, Thiruvallur District and also in the common pathway lying to the east of his property.
For Petitioner : Mr.Krishnasamy.R. For Respondents : Mr.P.Gurunathan, Additional Government Pleader for R1 Mr.K.Balaji for R2
O R D E R
This writ petition has been filed seeking for a Writ of Mandamus to direct the 1st respondent to take all steps immediately, as per the provisions of Tamil Nadu Country and Town Planning Act, so as to prevent the 2nd respondent from putting up any manner of construction, without obtaining any necessary planning permit and building plan approval from the 1st respondent in his property, being the site measuring 16 feet East to west and 33 feet North to South that in all measuring 528 sq.ft. in Grama Natham S.No.4/1, situated in Pillaiyar Koil Street, Perumalagaram Village, Vada
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W.P.No.6365 of 2020
Noombal, Madhura, Ambattur Taluk, Thiruvallur District and also in the common pathway lying to the east of his property.
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W.P.No.6365 of 2020
dated 03.12.2012 and from the date of purchase, the petitioner is in peaceful
possession and enjoyment of the same. While so, recently, the 2nd respondent started to put up construction in his own allotted site as well as over the common pathway lying adjacent to his property which is common to all the sharers including the petitioner's vendor, to which, the petitioner is also entitled to. But the 2nd respondent proposed construction an unauthorized construction. The 2nd respondent also attempted to encroach into the common pathway referred to in the partition deed. When the petitioner approached the 1st respondent to prevent the 2nd respondent from proceeding with the illegal construction, the 1st respondent did not give proper reply. Hence, the present writ petition.
for the respondent would state that the matter has been compromised between the parties and the petitioner has also sold the property to third party and the learned counsel for the petitioner sought time to verify the same.
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W.P.No.6365 of 2020
respondent that the matter has been compromised between the parties and that the petitioner has also sold the property to third party (copy of the Sale Deed, dated 25.11.2020 executed by the petitioner produced), it can be presumed that the petitioner is not interested to adjudicate the matter further and therefore, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.
(J.N.B., J.) (N.M., J.)
04.08.2023
Index:Yes/No Internet:Yes/No Speaking Order: Yes/No vsi
To The Commissioner, Thiruverkadu Municipality, Thiruverkadu, Chennai 600 077.
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W.P.No.6365 of 2020
J.NISHA BANU, J., and N.MALA, J.,
vsi
W.P. No.6365 of 2020
Dated: 04.08.2023
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M.Krishnamurthy
The Commissioner, Thiruverkadu Municipality
V.Pappaiyan
J.Nisha Banu
N.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
