1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI Writ Petition (MD)No.2381 of 2011 R.Ayyammal ... Petitioner Vs 1.The Government of Tamil Nadu, Rep. By its Secretary, Department of Municipal Administration And Water Supply,Secretariat, Chennai. 2.The Commissioner of Municipal Administration Chepauk, Chennai. 3.The Regional Director of Municipal Administration Madurai Corporation Building, Madurai. 4.Theni Allinagaram Municipality, Represented by the Commissioner Theni. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to forbear the respondents from making any construction or laying down any storm water drain through the petitioner's land in Survey Nos.1682/1 and 1682/2 situated at Theni Allinagaram Village, Theni Taluk, Theni District without acquisition proceedings. For Petitioners ... Mr.T.Lajapathi Roy For respondents ... Mr.V.Pandi R1 to R3 Government Advocate R4 ... Mr.K.Hema Karthikeyan O R D E R The prayer in the writ petition is to forbear the respondents from making or laying down any storm water drain through the petitioner's land in Survey Nos.1682/1 and 1682/2 situated at Theni Allinagaram Village, Theni Taluk, Theni District without acquisition proceedings. 2. The fourth respondent in the counter affidavit has stated that at present, there is no proposal by the Municipality to construct the drainage in the petitioner's land and the operative portion is as follows: “........... I further submit that at present, this respondent Municipality has no proposal to construct the drainage in the petitioner land and the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner herein has filed the present writ petition only on apprehension and therefore the writ petition is premature and same is liable to be dismissed in limine.” 3. In view of the categoric stand taken by the Municipality, in the counter affidavit, making it clear that they have no proposal to put up the construction through the petitioner's land, the writ petition stands closed. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1. The Secretary, Department of Municipal Administration And Water Supply,Secretariat, Chennai. 2. The Commissioner of Municipal Administration Chepauk, Chennai. 3. The Regional Director of Municipal Administration Madurai Corporation Building, Madurai. 4. The Commissioner Theni Allinagaram Municipality, Theni. + 1 cc to Mr.T.Lajapathi Roy, Advocate, SR No.31291 Writ Petition No.2381 of 2011 13.09.2011 RR RJ/28.9.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/