Shri Ganapathi Thourist Car v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.1622 of 2010 Shri Ganapathi Tourist Car Owners and Drivers Association Rep. by its Secretary M.Chandrasekaran ... Petitioner Vs.

The Commissioner Udumalpet Municipality, Udumalpet.

... Respondent Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent culminating in and by his proceeding Na.Ka.No.5553/2009/F1 dated 19.11.2009 and quash the same and consequently direct the respondent not to shift the existing Taxi Stand from the Udumalpet Bus Stand to any other place. For Petitioner : M/s.P.T.Ramadevi For Respondent : Mr.P.Srinivas

O R D E R

This writ petition is directed against the order dated 19.11.2009 passed by the respondent, whereby, the request of the petitioner seeking permission to run the Taxis from the Taxi Stand situated within the Udumalpet Bus Stand, was rejected. 2.Upon notice, the respondent filed a detailed counter affidavit inter alia stating that the alleged Taxi Stand area has not been provided by the Municipality, but it has been illegally occupied and encroached by the petitioner. The counter affidavit further proceeds to state that the Udumalpet Municipality is taking steps to expand and develop the existing Udumalpet Bus Stand from 'C' grade to 'A' grade, due to which, the order impugned in this writ petition came to be issued, calling upon the petitioner to vacate the said Taxi Stand. However, it was informed therein that alternative area would be provided to them for the purpose of Taxi Stand in the interests of the general public.

3.Today, when the matter came up for hearing, the learned counsel for the respondent, on instructions, submitted that the Taxi Stand had already been removed and hence, nothing survives for adjudication in this matter, which has not been stoutly refuted by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the submission so made by the learned counsel appearing for the parties, this writ petition is dismissed as having become infructuous. No costs.

Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar rk To The Commissioner Udumalpet Municipality, Udumalpet.

+1cc to M/s.P.T.Ramadevi, Advocate SR.NO.42569 +1cc to Mr.P.Srinivas Advocate SR.NO.42369 SVN(CO) sm:27.8.2018 W.P.No.1622 of 2010 https://hcservices.ecourts.gov.in/hcservices/