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2023 Supreme(Online)(Mad) 78545

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble The CHIEF JUSTICE
K.SUMATHI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.10.2023 CORAM THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY WP No.28961 of 2023 K.Sumathi : Petitioner versus

1.The District Collector, Coimbatore District

2.The Asst. Director of Town Panchayats, Coimbatore zone, Coimbatore

3.The Executive Officer, Irugur Town Panchayat, Sulur Taluk, Coimbatore District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the 3rd respondent from demolishing the remaining portion of the building situated at Door No. 16, Athappa Gounden Pudur Road, Irugur, without following the due procedures established under law and direct the 3rd respondent to pay a compensation of Rs.10,00,000/- towards damages caused to my building and articles and also restore the demolished portion of building.

For the Petitioner : Dr.C.Ravichandran For Respondents : Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

ORDER (Made by the Hon'ble Chief Justice)

We have heard Dr.C.Ravichandran, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents. 2. The petitioner submits that after the filing of the writ petition, the remaining portion of the building has also been demolished and as such, seeks leave to withdraw the writ petition with liberty to file a fresh writ petition.

3. The writ petition is dismissed as withdrawn. The petitioner may file a fresh writ petition, as may be permissible under law. There will be no order as to costs. Consequently, WMP No.28542 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.)

05.10.2023 Index : Yes/No Neutral Citation : Yes/No tar To

1.The District Collector, Coimbatore District

2.The Asst. Director of Town Panchayats, Coimbatore zone, Coimbatore

3.The Executive Officer, Irugur Town Panchayat, Sulur Taluk, Coimbatore District THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar)

WP No.28961 of 2023

05.10.2023

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