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Madras High CourtWP/4350/2017dismissed as infructuous

K.Majeed Basha v. The Commissioner

2023-02-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.No.4540 of 2017 C.Sivakumar ... Petitioner

Versus

1. The Commissioner Corporation of Chennai, Rippon Buildings Chennai-600 003

2. The Executive Engineer

3. The Revenue Officer Rippon Buildings, Chennai-600 003

4. The Assistant Revenue Officer 5.R.K.Real Estate and Invesment Rep.by its Partner, Mr.P.Sri Ram Kumar No.37, General Patters Road, Chennai-600 002

6. Raja Babu

7. Kumari Jayapradha .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India 1/4

praying for issuance of a Writ of Certitorarified Mandamus, calling for the records of the 4th respondent updated Notice issued under Section 379(A) of the C.C.M.C.Act IV of 1919 in respect of the Petitioners tenancy in Door No.37/3, Thiru.Vi.Ka.Road (G.P.Road), Chennai-600 002 to quash the same and to consequently forbear the respondents 1 to 7 from in any way interfering with the petitioners peaceful possession and enjoyment of the said premises by way of circumventing the order of the Hon'ble High Court of Madras dated 18.03.2016 made in WP.No.4070 of 2016 For Petitioner : Mr.M.N.S.Mohamed Habeeb Raja (No appearance) For Respondents : Mr.P.T.Rama devi for R1 to 4

ORDER

This writ petition is filed challenging the records of the 4th respondent updated Notice issued under Section 379(A) of the C.C.M.C.Act IV of 1919 in respect of the Petitioners tenancy in Door No.37/3, Thiru.Vi.Ka.Road (G.P.Road), Chennai-600 002 to quash the same and to consequently forbear the respondents 1 to 7 from in any way interfering with the petitioners peaceful possession and enjoyment of the said premises by way of circumventing the order of the Hon'ble High Court of Madras dated 18.03.2016 made in WP.No.4070 of 2016.

2. When the case was taken up, none appeared on behalf of the petitioner. The learned counsel for the respondents 1 to 4 submitted that notice has been issued, since, there was no trade license. Now, the petitioner has obtained trade 2/4

license and running the hotel. Hence, the relief sought for in this writ petition has become infructuous and nothing survives for adjudication in this writ petition.

3. Accordingly, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2023 Index : Yes/No Speaking Order : Yes/No : Yes/No dhk To

1. The Commissioner Corporation of Chennai, Rippon Buildings Chennai-600 003

2. The Executive Engineer

3. The Revenue Officer Rippon Buildings, Chennai-600 003 N. SATHISH KUMAR, J.

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dhk

4. The Assistant Revenue Officer 03.02.2023 4/4