Madras High CourtWP/4355/2015dismissed

R.Kannaiayan, v. The Director

2015-02-20Honourable Mr Justice T. S. Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4355 of 2015 & M.P.No.1 of 2015 R.Kannaiayan .. Petitioner vs.

1 The Director, Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-600 005.

2 The Regional Director of Municipal Administration JG Nagar, 1st Street, Kumara Nanthapuram, Tiruppur 3 The Commissioner, Palladam Municipality, Palladam, Tiruppur District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents not to conduct auction on 20.02.2015 in respect of Two Wheeler Parking Shed in Anna Bus Stand, Palladam Municipality till considering petitioner's representation dated 16.02.2015.

For Petitioner :

Mr.S.P.Mullai For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

ORDER

The petitioner seeks for the issuance of a writ of mandamus to direct the respondents not to conduct auction on 20.02.2015 in respect of Two Wheeler Parking Shed in Anna Bus Stand, Palladam Municipality inspite of the earlier direction issued by this Court dated 11.02.2015 in W.P.No.3414 of 2015.

2. Writ of mandamus cannot be issued to implement the earlier direction issued by this Court. If the petitioner alleges disobedience of the Court's order, his remedy is to move Contempt Petition and not to file a writ petition under Article 226 of the Constitution of India.

3. In the light of the above, the direction sought for by the petitioner cannot be granted at this stage. Accordingly, the writ petition is dismissed. However, this will not prevent the petitioner from participating in the auction proceedings. No costs. Consequently, the connected miscellaneous petition is closed.

20.02.2015 Index : Yes/ No Internet : Yes vj2 Note: Issue order copy on 23.02.2015

To 1 The Director, Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-600 005.

2 The Regional Director of Municipal Administration JG Nagar, 1st Street, Kumara Nanthapuram, Tiruppur 3 The Commissioner, Palladam Municipality, Palladam, Tiruppur District

T.S.SIVAGNANAM, J.

vj2 WP.No.4355 of 2015 & M.P.No.1 of 2015 20.02.2015