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Madras High CourtWP/17834/2005dismissed as infructuous

P. Elango v. The Chairman

2019-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.17834 of 2005 and WPMP.No.19380 of 2005 P.Elango ...Petitioner Vs

1. The Chairman, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai 5.

2. The Estate Officer, Estate Office-4, Teynampet, Chennai 18.

3. The Inspector of Police, R-4 Pondy Bazaar Police Station, T.Nagar, Chennai 600 017.

4. V.T.C.Dhanaraj ..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, forbearing the respondents herein from interfering with the peaceful possession and enjoyment of the petitioner in respect of shop No.6 in Shopping Complex, Ramakrsihnapuram, North Usman Road, T.Nagar, Chennai 600 017.

For Petitioner : No Appearance For Respondents : Mr.R.Sivakumar, for RR1 & 2 Mr.B.Anand, G.A., for R3 Mr.S.Muthukumar, for R4

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, forbearing the respondents from interfering with the peaceful possession of the petitioner in respect of shop No.6 in Shopping Complex, Ramakrsihnapuram, North Usman Road, T.Nagar, Chennai.

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2. The learned Government Advocate appearing for the third respondent on instructions from the third respondent, who is present before this Court, would submit that the petitioner surrendered the possession of the shop in the year 2007 itself.

3. The learned Standing Counsel appearing for the respondents 1 and 2 would state that after surrendering the shop by the petitioner, an auction was conducted and a third party was inducted as tenant.

4. In view of the above submissions, nothing survives for consideration in this Writ Petition. Accordingly, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pvs To

1. The Chairman, Tamil Nadu Slum Clearance Board, 5, Kamarajar Salai, Chennai 5.

2. The Estate Officer, Estate Office-4, Teynampet, Chennai 18.

3. The Inspector of Police, R-4 Pondy Bazaar Police Station, T.Nagar, Chennai 600 017.

+1cc to the Government Pleader Sr.58119 W.P.No.17834 of 2005 sv[co] srg 05/08/2019 https://hcservices.ecourts.gov.in/hcservices/