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Madras High CourtWP/12928/2012disposed of

S.Vijayakumar, v. The Commissioner,

2015-10-28Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated: 28.10.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 12928 of 2012 and M.P. No. 1 of 2012 S. Vijayakumar .. Petitioner vs.

1. The Commissioner Municipal Administration 6th Floor, Ezhilagam Chepauk, Chennai - 5.

2. The Regional Director Municipal Administration GST Road, Chengalpet.

3. The Commissioner Vridhachalam Municipality Vridhachalam.

4. The Chairman Vridhachalam Municipality Vridhachalam.

.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to forbear from leasing out the newly constructed 23 shops in the Vridhachalam Municipal Bus Stand (Selvaraju Bus Stand) as per the representation of the petitioner dated. /4/2012.

--- For Petitioner : Mrs. Hema Sampath, Sr. Counsel for Ms. R. Meenal For Respondents : Mr.S.T.S. Murthi Govt. Pleader, assisted by Mr. V. Shanmughasundar Government Advocate.

---

O R D E R

(Made by The Hon'ble The Chief Justice) The petitioner approached this Court at the time when the Municipal Council had decided to shift the bus stand and 23 shops were attempted to be constructed without obtaining the requisite approval from the Council. There was a Notification issued on 26.04.2012 seeking permission to auction the 23 shops alleged to be built and the petitioner wanted stoppage of the auction, as the proposal has not been made in accordance with law.

2. Interim orders were granted in favour of the petitioner and thereafter, the respondents have not filed their response. More than three years have elapsed and as per the instructions of the learned senior counsel for the petitioner, nothing has transpired in the mean time.

3. We see no purpose in keeping this petition alive and dispose it of with a direction that in case the shops are to be auctioned, the same would be done by a process in accordance with law.

4. The writ petition accordingly stands disposed of. No costs. Consequently, M.P. No.1 of 2012 is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar Copies to;

1. The Commissioner Municipal Administration 6th Floor, Ezhilagam Chepauk, Chennai - 5.

2. The Regional Director Municipal Administration GST Road, Chengalpet.

3. The Commissioner Vridhachalam Municipality Vridhachalam.

4. The Chairman Vridhachalam Municipality Vridhachalam.

+1 cc to Mrs.R.Meenal Advocate sr.58742 +1 cc to Government Pleader sr.58775 W.P. No. 12928 of 2012 aa05/11/2015