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Madras High CourtWP/2590/2020disposed of

T.Pappathi v. The Commissioner

2023-07-17Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 17.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.B.BALAJI and WMP.No.3006 of 2020 T.Pappathi .. Petitioner

Versus

The Commissioner Erode Municipal Corporation Erode, Erode District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, forbearing the respondent from insisting the petitioner to close down the tea stall in Shop No.CE12, V.C.T.V.Road, Sathy Road, Central Bus Stand, Erode and consequently permitting the petitioner to run the tea stall in the said shop. For petitioner : Ms.N.Karpaga Lakshmi for Mr.C.Prakasam For respondent : Mr.M.Rajamathivanan Standing Counsel Page No.1 / 4

ORDER

(The Order of the Court was made by D.KRISHNAKUMAR, J) This Writ Petition has been filed seeking for a Writ of Mandamus, forbearing the respondent from insisting the petitioner to close down the tea stall in Shop No.CE12, V.C.T.V.Road, Sathy Road, Central Bus Stand, Erode and consequently permitting the petitioner to run the tea stall in the said shop.

2. It is represented by the learned counsel for the petitioner that a similar Writ Petition filed by one another person was considered by this Court and an order was passed directing the respondent Corporation to consider his application and grant permission to run a tea stall in the leasehold premises.

3. In reply, the learned counsel for the respondent Corporation fairly stated that the petitioner's application will be considered and appropriate orders will be passed within a period of eight weeks. Page No.2 / 4

4. Considering the facts and submissions of the learned counsel appearing for both sides, this Court directs the respondent to consider the application of the petitioner on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J] [P.B.B., J.] 17.07.2023 Speaking order: Yes/No Index : Yes/No pvs To The Commissioner Erode Municipal Corporation Erode, Erode District.

Page No.3 / 4

D.KRISHNAKUMAR , J.

and P.B.BALAJI , J.

pvs and WMP.No.3006 of 2020 17.07.2023 Page No.4 / 4