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Madras High CourtWP/24281/2016dismissed

M/S.Sandaipettai Vandipettai v. The Commissioner,

2016-07-14Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.07.2016

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.24281 of 2016 & W.M.P.No.20755 of 2016 M/s.Sandaipettai Vandipettai Srinivasa Poonga Valaga Managaratchi Kadai Vadagai Oppandakarargal Nalasangam [Regn.No.25/2016], Rep.by its President - R.Asokan, No.10, Vandipettai, Sandaipettai, Salem - 636 002, Salem District.

.. Petitioner Vs.

1.The Commissioner, Corporation of Salem, Salem, Salem District.

2.The Assistant Commissioner [i/c], Suramangalam Ward Office, Corporation of Salem, Salem, Salem District.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondent, men or agent or representatives from in any manner interfering with the peaceful possession of the petitioner in shop No.10, Vandipettai Shops, Salem - 636 002 pursuant to the proceedings at the 2nd respondent Corporation made in Na.Ka.No.K1/4248/2015 dated 22.03.2016.

For Petitioner :

M/s.R.Hemalatha For Respondents :

Mr.S.Diwakar Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition has been filed by the Association. Since each member of the said Association has got their own cause of action, the Association cannot represent the members together. Moreover, the individual member is occupying different shops with different measurements and lease amounts. In view of the same, one Writ Petition cannot be maintainable and accordingly, this Writ Petition is dismissed. However, liberty is given to the individual members of the Association to approach this Court by way of filing separate Writ Petitions. Consequently, connected Miscellaneous Petition is closed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sri To 1.The Commissioner, Corporation of Salem, Salem, Salem District.

2.The Assistant Commissioner [i/c], Suramangalam Ward Office, Corporation of Salem, Salem, Salem District.

+1 CC to M/s.R.Hemalatha, Advocate Sr.No.39765 W.P. No.24281 of 2016 KJI(CO) KP(29.07.2016) https://hcservices.ecourts.gov.in/hcservices/