G.Subramanian, v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.1654 of 2017 and 10366 of 2016 G.Subramanian ..
Petitioner in W.P.No.1654 of 2017 G.Subramani ..
Petitioner in W.P.No.10366 of 2016 -vs1. The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai 600 008
2. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003 ..
Respondents 1 & 2 in both the petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring the lock and seal carried out by the respondents at premises No.31, Bathiriyan Street, Chennai 600 001 against the petitioner from carrying on his retail flower business as illegal, null and void and restrain the respondents, their men, servants, agents in any manner interfering with or preventing the petitioner from carrying on retail trade in flowers.
For Petitioner :: Mr.W.M.Abdul Majeed For Respondents :: Mr.C.Johnson Standing Counsel for R1 Mr.P.V.Selvakumar Standing Counsel for R2
ORDER
Mr.G.Subramanian and Mr.G.Subramani, who is one and the same person, has come to this Court with bad and unclean hands seeking a repetitive and similar prayer in these two writ
petitions for issuance of a writ of declaration, declaring the lock and seal carried out by the respondents at premises No.31, Bathiriyan Street, Chennai-1 against the petitioner from carrying on his retail flower business as illegal, null and void and restrain the respondents, their men, servants, agents in any manner interfering with or preventing the petitioner from carrying on retail trade in flowers.
2. Earlier the petitioner by calling himself as Mr.G.Subramani has filed W.P.No.10366 of 2016 for the above relief by engaging Mr.W.M.Abdul Majeed as his counsel, which is pending. Now the present W.P.No.1654 of 2017 has once again been filed by the petitioner calling himself as Mr.G.Subramanian by engaging the very same counsel seeking a repetitive and similar prayer. When the previous W.P.No.10366 of 2016 is pending, with unclean hands, the petitioner has once again filed the second writ petition seeking the very same relief. As the petitioner has approached this Court with bad and unclean hands, both the writ petitions are dismissed with costs of Rs.5,000/- payable by the petitioner to the Tamil Nadu State Legal Services Authority, Chennai within a period of one week from the date of receipt of a copy of this order. Consequently, W.M.P.Nos.1626, 1627 of 2017, 9146, 9147 of 2016 are also dismissed. Call the matter within a week thereafter for reporting compliance.
sd/ Assistant Registrar(CO) /true copy/ Sub Assistant Registrar ss To
1. The Member Secretary Chennai Metropolitan Development Authority No.8, Gandhi Irwin Road Egmore, Chennai 600 008
2. The Commissioner Corporation of Chennai Rippon Building Chennai 600 003
3.The Member Secretary Tamil Nadu State Legal Services Authority, High Court, Madras.
Copy to The Section Officer, Writ Section, High Court, Madras.
+1cc to Mr.W.M.Abdul Majeed, Advocate, SR.No.5206 +1cc to Mr.P.V.Selvakumar, Advocate, SR.No.4767 +1cc to MR.C.Johnson, Advocate, SR.No.4729.
W.P.Nos.1654 of 2017 & 10366 of 2016 GJ(CO) GN(01/02/2017)