Madras High CourtWA/334/2022disposed of

M.Sakthivel v. Coimbatore City Municipal Corporation

2022-02-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.NO.334 OF 2022 M.Sakthivel ... Appellant .Vs.

The Coimbatore City Municipal Corporation, Rep. by its Commissioner, Coimbatore.

... Respondent PRAYER:- Appeal filed under Clause 15 of the Letters Patent against the order dated 07.01.2022 in W.P.No.13537 of 2015. PRAYER IN W.P.NO.13537 OF 2015:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the Respondent relating to its order R.C.No.8172/2014/Md5 dated 11.04.2015 and quash the same in so far as it relates to withholding of amounts payable to the Petitioner and direct the Respondent to forthwith release the payment withheld by way of Penalty, alleged Loss and other Recoveries.

For the Appellant :

Mr.K.Doraisamy Senior Counsel For M/s.Muthumani Doraisami For the Respondent : Mr.K.Magesh https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Delivered by the Hon'ble Chief Justice) The writ appeal against the order dated 07.01.2022 has been pressed with a prayer to substitute the result of the writ petition as "disposed of" instead of "dismissed", as the appellant has been given liberty to exhaust the other remedies.

2. The aforesaid prayer has not been opposed by learned counsel for the non-appellant.

3. In view of the above, the writ appeal is disposed of, substituting the word "disposed of" in paragraph 7 of the impugned order, instead of "dismissed". Consequently, C.M.P.No.2642 of 2022 is also closed. There will be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kpl/drm To The Commissioner, Coimbatore City Municipal Corporation, Coimbatore.

+1cc to Mr.K.Magesh, Advocate, S.R.No.11774 +1cc to M/s.Muthumani Doraisami, Advocate, S.R.No.12066 W.A.NO.334 OF 2022 NRL(CO) PBS/03/03/2022 https://hcservices.ecourts.gov.in/hcservices/