S.Duraisamy, v. The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.23141 of 2018 & W.M.P.No.27038 of 2018

1. S.Duraisamy

2. S.Ponnuraj

3. S.Krishnaraj

4. S.Balasundaram

5. Shanmugasundaram

6. K.Subramani

7. K.Jayakumar

8. K.Rajedran

9. K.Maheswaran

10. S.Kuppuraj

11. Rajeswari Rep. by their Power Agent, S.Kumutham ... Petitioners Vs

1. The Commissioner of Coimbatore Corporation, Office of the Corporation of Coimbatore, Periyakadai Street, Coimbatore - 1.

2. The Assistant Commissioner, Corporation of Coimbatore, South Zone, Palakad Road, Kuniyamuthur, Coimbatore.

... Respondents 1/4

Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus forbearing the first and second respondents in any manner forcibly taking the vacant land of the petitioner situated in T.S.No.7/115/3 to an extent of 74 cents at Kumarapalayam Village, Coimbatore Taluk, Patta No.1, S.No.1 without following due process of law.

For Petitioners : Mr.S.Venkatesh For Respondents : Mr.Hasan Mohamed Jinnah State Public Prosecutor Assisted by Mr.N.Velmurugan Standing Counsel for Coimbatore Corporation

ORDER

This writ petition has been filed forbearing the first and second respondents in any manner forcibly taking the vacant land of the petitioner without following due process of law.

2. The Writ Petition has been filed by the petitioners represented by their Power of Attorney one Kumutham in the year 2018. The learned counsel appearing for the Corporation submitted that some of the Writ Petitioner haves died and also produced their death certificates. 2/4

3. The death certificates indicate that some of petitioners have died long back in the year 1993, 1997, 2005, even prior to the filing of the present Writ Petition. However, the Writ Petition has been filed in the capacity of Power of Attorney. In such view of the matter, suppressing the death of the principal and filing the Writ Petition is nothing but abuse of process of law.

4. Accordingly, this Writ Petition is dismissed. However, if any of the writ petitioner has any right individually, they may file a separate Writ Petition. Consequently, connected miscellaneous petition is closed. No costs.

09.12.2022 vrc To,

1. The Commissioner of Coimbatore Corporation, Office of the Corporation of Coimbatore, Periyakadai Street, Coimbatore - 1.

2. The Assistant Commissioner, Corporation of Coimbatore, South Zone, Palakad Road, Kuniyamuthur, Coimbatore.

3/4

N.SATHISH KUMAR, J.

vrc 09.12.2022 4/4