Petitioners sought removal of a gate the respondents' society erected on a public road gifted to the Corporation. The society undertook that the gate would remain permanently open for free access. Recording this statement, the court disposed of the writ petition with no order as to costs.
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W.P.No.3263 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.3263 of 2023
Vs.
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W.P.No.3263 of 2023
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 4 and 6 to implement the order passed by the 5th respondent in Na.ka.No.9123/2020/H1/E dated 10.06.2022 and thereby remove the large gate unauthorisedly put up by the 7th respondent, on the southern portion of the 30 feet public road belonging to the Coimbatore City Municipal Corporation, situated in Survey No.549, Ondipudur Taluk.
For the Petitioner : Mr.S.Mukund, Senior Counsel for Mr.R.D.Ashok Kumar
For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 & 2
Mrs.R.Anitha For Mr.K.M.D.Muhilan Standing Counsel for RR 3,5 & 6
Mr.R.Sivakumar for R7
No appearance for R4
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W.P.No.3263 of 2023
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.S.Mukund, learned Senior Counsel for Mr.R.D.Ashok Kumar, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 and 2, Mrs.R.Anitha, learned counsel for Mr.K.M.D.Muhilan, learned Standing Counsel for the respondents 3, 5 and 6 and Mr.R.Sivakumar, learned counsel for the seventh respondent.
has put up a gate. No gate can be placed on a public road.
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W.P.No.3263 of 2023
that the public road ends at the Society. Moreover, there is only one 30 feet public road and another is a drive way. The drive way is not gifted to the Corporation.
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W.P.No.3263 of 2023
drive way was never gifted to the Corporation. The public road alone is
gifted to the Corporation.
be no order as to costs. Consequently, W.M.P.No.3316 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index : Yes/No Neutral Citation : Yes/No
kpl
To
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W.P.No.3263 of 2023
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W.P.No.3263 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J
(kpl)
W.P.No.3263 of 2023
08.01.2024
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1 issue framed by the court
Whether a gate erected by the owners association obstructing a 30 feet public road gifted to the Corporation should be removed.
1 provisions across 1 enactments
R.Sujaramani
P.K.Gopalakrishnan
K.S.Jeyaraj
R.Sasidharan
S.Surendran Cherubal
The Director, Directorate of Town and Country Planning
Sanjay V.Gangapurwala
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
