M.Rajesh v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition No.14189 of 2015 & M.P.Nos.1 & 2 of 2015 M.Rajesh ... Petitioner Vs.

1. The Commissioner,

2. The Joint Commissioner,

3. The Assistant Commissioner,

4. The Executive Officer, Arulmigu Sundararaja Perumal Thirukoil, Choolai, Chennai - 600 112 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records in notice, dated 30.04.2015, on the file of the third respondent and quash the same as illegal, incompetent and unconstitutional and further direct the respondents to restore possession of the petitioner's tenanted premises bearing Door No.32, Alathur Subramania Achari Street, Choolai, Chennai - 112, measuring about 224 sq.ft., For Petitioner : Mr. J.Sudhakaran For Respondents : Mr. P.Sanjay Gandhi, AGP., for R-1 to R-3, Mr. T.Suresh Kumar, for M/s.A.S.Kailasam & Associates, for R-4 - - -

O R D E R

By consent of the learned counsel for both sides, the writ petition is taken up for final disposal.

2. Heard the learned counsel for both sides.

3. Challenging the proceedings of the third respondent, dated 30.04.2015, this writ petition has been filed by the petitioner.

4. It appears that the said order is only a consequential order. As against the order passed evicting the petitioner, a revision has been filed in Revision Petition No.39 of 2015.

5. It is submitted by the learned counsel appearing for the fourth respondent that the said R.P.No.39 of 2015 has also been dismissed.

6. The learned counsel for the petitioner submitted that restoration petition has been filed against the said RCOP.

7. Be that as it may. The present proceedings are only consequential proceedings. As the petitioner has already availed the alternative remedy against the main order, this Court is not inclined to pass any orders in this writ petition. It is suffice to state that the petitioner shall workout his remedy in the manner known to law.

8. In the result, the writ petition is dismissed. No costs. Consequently, the connected MPs are closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar srk To

1. The Commissioner,

2. The Joint Commissioner,

3. The Assistant Commissioner,

4. The Executive Officer, Arulmigu Sundararaja Perumal Thirukoil, Choolai, Chennai - 600 112 +1 cc to Mr.J.Sudhakaran Advocate sr.45856 +1 cc to Mr.A.S.Kailasam & Associates sr.45953 +1 cc to the Special Government pleader (HR &CE) sr.45930 W.P.No.14189 of 2015 & M.P.Nos.1 & 2 of 2015 aa11/09/2015