← Library
Madras High CourtWP/20721/2023dismissed

G.Kalidasan v. The Commissioner

2023-07-13Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice N. Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.07.2023 Coram:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE N.MALA and W.M.P. No. 20079 of 2023 G. Kalidasan ... Petitioner Vs.

1.The Commissioner Coimbatore City Municipal Corporation Coimbatore

2. P. Manoj ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to take steps to stop the illegal demolition of the building complex done by the 2nd respondent, by considering the representation dated 03.07.2023, sent by the petitioner.

For Petitioner :

Mr. Pa.Saigovindaraja For Respondents :

Mr. N.Velmurugan for R1 Standing Counsel Page No.1/4

ORDER

This writ petition has been filed by the petitioner to direct the 1st respondent to consider his representation dated 03.07.2023.

2. Learned counsel for the petitioner would submit that, the petitioner runs a shop in the name of 'GK Itech' as a tenant in the building complex carried out by the 2nd respondent. During May 2023, the 2nd respondent/building owner in order to reconstruct the building, proposed to demolish the existing building complex and he also got permission from the 1st respondent/Coimbatore City Municipal Corporation. Aggrieved by the same, the petitioner himself had filed a suit in O.S.No.568 of 2023 on the file of the 3rd Additional District Munsif, Coimbatore to stop the illegal demolition of the building complex by the 2nd respondent.

3. On perusal of the records, it is seen that the suit in O.S.No.568 of 2023 on the file of the 3rd Additional District Munsif, Coimbatore filed by the petitioner against the respondents herein is pending. Therefore, the petitioner is directed to agitate the issue before the Page No.2/4

Civil Forum and get his grievance redressed. In such view of the matter, we are not inclined to entertain the present Writ Petition and therefore, this Writ Petition is dismissed at the admission stage itself. No costs. Consequently connected miscellaneous petition is closed.

(J.N.B.,J.,) (N.M.,J.,) 13.07.2023 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No msv To The Commissioner Coimbatore City Municipal Corporation Coimbatore Page No.3/4

J.NISHA BANU, J., and N.MALA, J., msv and W.M.P.No.20079 of 2023 13.07.2023 Page No.4/4