P.Parasuraman v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.05.2023

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MR.JUSTICE C.SARAVANAN and CMP.No.10492 of 2023 P.Parasuraman S/o. Pazhanisamy Proprietor, Cibi Diamond and Jewels, New Door No.53, Old Door No.40, Easwaran Kovil Street, Thiruppur District.

.. Appellant Vs.

1. The Government of Tamil Nadu, Rep. by its Secretary, Local Administration and Municipal Affairs, Fort St. George, Chennai 600 009.

2. The Commissioner, Tiruppur Corporation, Tiruppur District.

3. The Deputy Commissioner, Zone No.3, Tiruppur Corporation, Tiruppur District.

4. R.Mala

5. R.Kala

6. R.Chandira .. Respondents 1 / 5

Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 24.04.2023 made in WP.No.12394 of 2023 passed by the learned Single Judge of this Court.

For appellant : Mr.K.Rajendiran For respondents for R1 : Mr.C.Kathiravan, Spl.G.P.

for RR2 & 3 : Mr.Abishek Murthy for R5 : Mr.T.Mathi

JUDGMENT

(The Judgment of the Court was delivered by C.SARAVANAN, J) Aggrieved by the impugned order passed by the learned Single Judge dated 24.04.2023, the present appeal has been filed. The relevant portion of the impugned order reads as follows:

"4. Learned Standing Counsel appearing on behalf of the Tiruppur Corporation submitted that there are three portions in the property belonging to respondents 4 to 6. Out of those three portions, two portions have already been demolished. The further submission of learned Standing 2 / 5

Counsel is that the petitioner is running the shop in the left out portion, which is yet to be demolished. When the Corporation was taking steps, the representation was made by the petitioner pointing out to the pending suit. That apart, the Corporation also wanted to get a stability certificate from the public works Department in order to take a decision as to whether the remaining portion should also be demolished. In view of this development, learned Standing Counsel submitted that the Triuppur corporation has taken a decision to keep the impugned notice dated 05.04.2023 in abeyance and not act upon the same.

5. In view of the above development, it will suffice if the submission made by learned Standing Counsel appearing on behalf of the Tiruppur Corporation is recorded since the apprehension raised by the petitioner has been sufficiently answered by the Corporation and no further orders are required to be passed in this writ petition."

2. Mr.T.Mathi, learned counsel appearing for the fifth respondent submitted that there is no merit in the Writ Appeal and the appellant had also vacated the premises.

3 / 5

3. In view of the above, we are of the view that the order of the learned Single Judge does not call for any interference. Hence, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[A.D.J.C., J] [C.S.N., J] 04.05.2023 Speaking Order: Yes / No pvs To

1. The Secretary, The Government of Tamil Nadu, Local Administration and Municipal Affairs, Fort St. George, Chennai 600 009.

2. The Commissioner, Tiruppur Corporation, Tiruppur District.

3. The Deputy Commissioner, Zone No.3, Tiruppur Corporation, Tiruppur District.

4 / 5

A.D.JAGADISH CHANDIRA , J and C.SARAVANAN , J pvs 04.05.2023 5 / 5