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Madras High CourtWP/21384/2003dismissed as infructuous

S.Thirumurthy v. The State Of Tamilnadu

2017-07-19Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2017

CORAM

THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU W.P. Nos. 21384 to 21387 and 21406 to 21408 of 2003 and W.P.M.P. Nos. 26563, 26565, 26567 to 26569, 26591 and 26593 of 2003 S. Thirumurthy ..Petitioner in W.P.No.21384/2003 P. Chandrakantha ..Petitioner in W.P.No.21385/2003 S. Murugesan ..Petitioner in W.P.No.21386/2003 S. Velusamy ..Petitioner in W.P.No.21387/2003 K. Balasubramanian ..Petitioner in W.P.No.21406/2003 N. Radhakrishnan ..Petitioner in W.P.No.21407/2003 R. Krishnasami ..Petitioner in W.P.No.21408/2003 Vs.

1. The State of Tamil Nadu Rep by its Secretary, Department of Municipal Administration & Water Supply, Fort St. George, Chennai - 600 009.

2. The Commissioner, Tirupur Municipality, Tirupur - 4.

3. The Municipal Council, Tirupur Municipality, Rep by Chairman, Tirupur.

..Respondents in all WPS Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandumus, calling for the records pertaining to G.O.Ms.No.147, dated 30.12.2000(in WPs.21384 to 21387/03) & on the file of the 1st Respondent (in WPs.21406 to 21408/03 respectively and quash clause 4(2) of the said G.O. In so far as it prevents the legal heirs of the existing lessees from seeking extension of the lease and consequently direct respondents 2 and 3 to renew the lease of Shop No.4, Block C, Kamaraj Road, Tirupur - 641 604 Shop No.11, Block B, Kamaraj Road, Thirupur, Shop No.6, Block B, Kamaraj Road, Tirupur, Shop No.1, Block A, Kamaraj Road, Tirupur, Shop NO.7, Block B, Kamaraj Road, Tirupur, Shop No.2, Block C, Kamaraj Road, Tirupur and shop NO.4, Block B, Kamaraj Road, Tirupur respectively in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Ms.C.Uma (In all Wps) For Respondents: Mr.M.Elumalai (For R1 & R2) Government Advocate Ms.Shanthi (For R3) COMMON ORDER The prayer sought for in these writ petitions are, to call for the records pertaining to G.O.Ms.No.147, dated 30.12.2000 and quash Clause 4(2) of the said GO, in so far as it prevents the legal heirs of the existing lessees from seeking extension of the lease and consequently direct respondents 2 and 3 to renew the lease of Shop No.4, 11, 6, 1 Block C, Kamaraj Road, Tirupur - 641 604 in favour of the petitioners.

2. The counsel for the petitioners submits that the relief sought for these writ petitions have become infructuous and also made an endorsement to that effect.

3. In view of the representation and endorsement made by the learned counsel for the petitioners, these petitions are dismissed as infructuous. However, there is no order as to costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar maya To

1. The Secretary, The State of Tamil Nadu Department of Municipal Administration & Water Supply, Fort St. George, Chennai - 600 009.

2. The Commissioner, Tirupur Municipality, Tirupur - 4.

3. The Chairman, The Municipal Council, Tirupur Municipality, Tirupur.

W.P. Nos. 21384 to 21387 & 21406 to 21408 of 2003 RV(CO) EU 22.08.17 https://hcservices.ecourts.gov.in/hcservices/