1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).Nos.2423 and 2424 of 2011 and M.P.Nos.1 and 1 of 2011 N.Manavalan : Petitioner in W.P(MD).No.2423 of 2011 A.Mahalakshmi : Petitioner in W.P(MD).No.2424 of 2011 Vs. 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chennai. 2.The Director of Municipal Administration, Chennai. 3.The Commissioner, Theni – Allinagaram Municipality, Theni. 4.The Director, Town and Country Planning Authority, Chennai. : Respondents in Both Writ Petitions PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus forbearing the respondents from entering into or doing any work in the petitioners' property by demolishing the petitioners' buildings therein to the extent of 1006 ¼ and 962 ½ s.ft comprised in Town Survey No.20, Block – 31, Ward – C, Kottaikalam Street, Allinagaram, Theni District respectively. For Petitioners in both Petitions:Mr.K.Govindarajan(in both Petitions) For Respondents 1,2&4 in both Petitions: Mr.T.S.Mohammed Mohideen Additional Government Pleader For Respondent 3 in both Petitions : Mr.K.Hema Karthikeyan COMMON ORDER These Writ Petitions have been filed to forbear the respondents from demolishing the petitioners' property to the extent of 1006 ¼ and 962 ½ s.ft comprised in Town Survey No.20, Block – 31, Ward – C, Kottaikalam Street, Allinagaram, Theni District, respectively. 2. The grievance of the petitioners is that the third respondent – Municipality is attempting to demolish the properties of the petitioners for the purpose of construction of drainage in their lands. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Today, the learned counsel appearing for the third respondent – Municipality has filed a counter affidavit. In Paragraph No.5 of the counter affidavit, the third respondent – Municipality has specifically stated as follows:- "...... I further submit that at present, this respondent municipality has no proposal to construct the drainage in the petitioners land and the petitioners herein have filed the present Writ Petitions only on apprehension and the present Writ Petitions are premature and the same are liable to be dismissed in limine." 4. In view of the above said specific stand taken by the third respondent – Municipality in the counter affidavit, recording the said statement, the Writ Petitions stand closed, as no further orders are necessary. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chennai. 2.The Director of Municipal Administration, Chennai. 3.The Commissioner, Theni – Allinagaram Municipality, Theni. 4.The Director, Town and Country Planning Authority, Chennai. +2cc's to Mr.K.Govindarajan, Advocate, Sr.Nos.33951, 33952 +one cc to Special Government Pleader, Sr.No. 34383 COMMON ORDER MADE IN W.P.(MD).Nos.2423 and 2424 of 2011 29.09.2011 nb sma/11.11.2011/8c/2p https://hcservices.ecourts.gov.in/hcservices/