M/S.Agarwal Bhawan, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.11005 of 2017 and W.M.P.No.11970 of 2017 M/s.Agarwal Bhavan, Rep. by its Partner G.Nirmal Kumar, No.255, Govindappa Naicken Street, Chennai - 600 001.

...Petitioner

Vs.

1. The Commissioner,

2. The Joint Commissioner,

3. The Assistant Commissioner,

4. Varadharaja Perumal Temple, No.24, Palliyaappan Street, Chennai - 600 079 Rep. by Executive Officer,

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus, to direct the respondents to unlock and de-seal the premises at No.131 Mint Street, Sowcarpet, Chennai 600079, and to permit the petitioner to use the premises for its business, as it deems fit, pending disposal of the appeal, dated 28.03.2017, preferred by the petitioner before the first respondent against the order of the second respondent's order in NA.KA.No.6589/2015/A2.

For Petitioner : Mr.V.S.Kesavan For Respondents : Mr.M.Karthikeyan for R1 to R3 Special Government Pleader

O R D E R

The learned Special Government Pleader for the respondents submits that in W.P.No.18204 of 2017 filed by the same petitioner, the petitioner has averred in his affidavit filed in support of the said writ petition that pursuant to the order of the Commissioner in R.P.No.193 of 2017, the respondents have handed over possession of the premises to the petitioner. According to him, in view of the same, the present writ petition has now become infructuous.

2.The relief sought for by the petitioner is only to open the lock and de-seal the premises. Since the respondents have already opened the lock and handed over possession of the premises to the petitioner, nothing survives for adjudication in this matter.

3.Recording the submission made by the learned Special Government Pleader for the respondents, the instant Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar pam To

1. The Commissioner,

2. The Joint Commissioner,

3. The Assistant Commissioner, +1 CC to Govt. Pleader sr 3607.

W.P.No.11005 of 2017 VGII(CO) SP(13/02/2020)