S.Muthukrishnaraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Muthukrishnaraj ... Petitioner -vs1. The Commissioner Tiruppur Corporation Office Mangalam Road

2. The District Collector District Collectorate

3. The Secretary Tiruppur Agricultural Marketing Committee

4. Tmt. S.Saranya ... Respondents [R4 impleaded as per order dated 19.12.2023 in W.M.P. No. 24861 of 2023 in W.P. No. 22909 of 2023 by this Court] Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to implement the resolution No.673(4) dated 10.04.2023 passed by the Tiruppur Corporation Council in accordance with the law by followingdue process within such period that may be prescribed by this Court. 1/5

For Petitioner :

Mr. Balaji Thirumoorthy For Respondents :

Mr. S.Silambannan, Senior Counsel for Mr. Abishek Murthi (R1) Mr. P.Ganesan (RR2 & 3) Mr. T.Ranganathan (R4)

O R D E R

Heard Mr. Balaji Thirumoorthy, Learned Counsel for the Petitioner, Mr. S.Silambannan, Learned Senior Counsel assisted Mr. Abishek Murthi, Learned Counsel appearing for the First Respondent, Mr. P.Ganesan, Learned Counsel appearing for the Second and Third Respondents and Mr. T.Ranganathan, Learned Counsel appearing for the Fourth Respondent, and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Petitioner has sought for a direction to the First Respondent to implement the resolution No.673(4) dated 10.04.2023 passed by the Tiruppur Corporation Council in this Writ Petition.

3.

It has been brought to notice that the said resolution was recommended to be cancelled by the Director of Municipal Administration by Proceedings in 2/5

Na.Ka. 42053/2023/Ma.Na.A-4, dated 23.06.2023 and that the Government of Tamil Nadu in its Order dated 08.01.2024 in Na.Ka. 42053/2023/Ma.Na.A-4 cancelled the said resolution under Rule 164 of Tamil Nadu Urban Local Bodies, 2023, and its copy has been placed on record. In view of the same, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to challenge the aforesaid order passed by the Government of Tamil Nadu and he has made an endorsement to that effect in the court record. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

15.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 05.04.2024.

Maya To

1. The Commissioner Tiruppur Corporation Office Mangalam Road, Tiruppur - 641604.

2. The District Collector District Collectorate 3/5

3. The Secretary Tiruppur Agricultural Marketing Committee 4/5

P.D. AUDIKESAVALU, J.

Maya 15.03.2024 5/5