P.Damodaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.M.P. Nos.9781, 9782 and 9784 of 2021 in W.P.No.9238 of P.Damodaran ... Petitioner Vs.

The Commissioner, Coimbatore Municipal Corporation, Big Bazaar Street, Coimbatore - 641 018.

... Respondent Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari to call for the records of the respondent comprising the impugned notice of the respondent dated 25.02.2021 purportedly issued under Sections 258(1) and 441 of the Coimbatore City Municipal Corporation Act, 1981 and all consequential proceedings thereto and quash the same as illegal and arbitrary. For Petitioner :

No appearance For Respondent :

Mr.M.Elumalai for Mr.K.Magesh Page Nos.1/4

ORDER

[Order of the Court was made by M.SUNDAR, J.,] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing yesterday (27.03.2025), which reads as follows:

'W.P.No.9238 of 2021 & W.M.P Nos.9781, 9782 and 9784 of 2021 M.SUNDAR, J., K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR.J.,] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 13.02.2025, today Mr.M.Elumalai, learned counsel representing Mr.K.Magesh, learned Standing counsel for sole respondent is before us but there is no representation for writ petitioner though the name of Mr.S.Subramaniya, learned counsel is duly shown in the cause list.

2. With the intention of giving opportunity to writ petitioner and learned counsel for writ petitioner, list this matter tomorrow but under the cause list caption 'FOR DISMISSAL'. List on 28.03.2025.'

2. Pursuant to the aforementioned proceedings/orders, captioned main 'Writ Petition' (hereinafter 'WP' for the sake of brevity) Page Nos.2/4

and captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' for the sake of brevity) thereat are listed under the cause list caption 'FOR DISMISSAL' but the position is no different today i.e., Mr.M.Elumalai, learned counsel representing Mr.K.Magesh, learned counsel for sole respondent is before us but there is no representation for the writ petitioner today also either in physical Court or on VC (video conferencing) platform. To be noted, this is a hybrid hearing, which is a regular/routine/daily feature in this Court.

3. In the light of the narrative thus far, captioned WP and captioned three WMPs thereat are dismissed for default/nonprosecution. There shall be no order as to costs. (M.S.,J.) (R.K.M.,J.) 28.03.2025 Index : Yes / No mmi To The Commissioner, Coimbatore Municipal Corporation, Big Bazaar Street, Coimbatore - 641 018.

M.SUNDAR, J., R.KALAIMATHI, J., Page Nos.3/4

mmi 28.03.2025 Page Nos.4/4