S.Mahaveerchand v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.08.2015 Coram The Hon'ble Mr. Justice M.M.SUNDRESH W.P.Nos.13848 and 18950 of 2015 and M.P.No.1 of 2015 in W.P.No.13848 of 2015 W.P.No.13848 of 2015:

1.S.Mahaveerchand 2.M.Nirmala ..Petitioners Vs 1.The State of Tamil Nadu, rep. by its Secretary to Government, 4.A.Saburma 5.A.Sheik Moideen ..Respondents W.P.No.18950 of 2015:

1.S.Mahaveerchand 2.M.Nirmala ..Petitioners Vs

1.The State of Tamil Nadu, rep. by its Secretary to Government, 4.K.Megavannan 5.K.Jayachandran 6.A.Saburamma 7.A.Sheik Thameem ..Respondents W.P.No.13848 of 2015 filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the third respondent not to disturb from running business. W.P.No.18950 of 2015 filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the third respondent to permit the petitioners to take over their properties lying at No.15, V.O.C. Lane, M.K.N. 1st lane, Alandur, Chennai-16, the tenanted premises within the time frame fixed by this Court. W.P.No.13848 of 2015:

For Petitioners ..

Mr.Parthasarathy For Respondents ..

Mrs.P.Rajalakshmi, Govt. Advocate, for R1 to R3 W.P.No.18950 of 2015:

For Petitioners ..

Mr.Parthasarathy For Respondents ..

Mrs.P.Rajalakshmi, Govt. Advocate, for R1 to R3 Mr.E.Viswanathan, for R4 and R5 No appearance for R6 and R7

COMMON ORDER Though the petitioner has filed W.P.No.13848 of 2015 seeking for a direction to the third respondent not to disturb the running of business, in view of the filing of the subsequent writ petition in W.P.No.18950 of 2015, the earlier writ petition in W.P.No.13848 of 2015 has become infructuous.

2.Learned counsel for the petitioner submitted that the belongings of the petitioner may be permitted to be removed. Learned counsel for the respondents 4 and 5 has no objection for the same. In such view of the matter, W.P.No.13848 of 2015 is dismissed as infructuous and W.P. No.18950 of 2015 is disposed of by directing the petitioner to take the properties lying at Door No.15, M.K.N. First Lane (V.O.C. Lane), Alandur, Chennai - 16, within a period of one week from the date of receipt of a copy of this order. The properties will have to be removed by the petitioner in the presence of the respondents 4 and 5. No costs. Consequently, connected miscellaneous petition is closed.

-Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar mmi To 1.The Secretary to Government, State of Tamil Nadu,

+2 cc to Mr.Best Law firm,Advocate(sr.41794) +2 cc to Mr.Amizhdin,Advocate(Sr.42091) +2 cc to Government Pleader,High Court,Madras(sr.42045&42050) W.P.Nos.13848 and 18950 of 2015 ca(co) cp 26.08.2015