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Madras High CourtWP/31960/2019disposed of

Muthu Murugan v. The Government Of Tamil Nadu,

2021-08-02Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.31960 of 2019 1.Muthu Murugan 2.Bhuvaneswari 3.Palanivel 4.Karpagam 5.Kanniyappan 6.P.Palani 7.P.Karthikeyan 8.A.Palani 9.Kothandapani 10.Natesan 11.Sundaram 12.Kannan Petitioners vs.

1. The Government of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.

2. The Commissioner of Municipal Administration, Raja Annamalaipuram, Chennai - 600 028.

3. The Commissioner, Pallavapuram Municipality, Chrompet, Chennai - 600 044.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to consider and pass orders on the representation dated 04.10.2019 which has been made by the petitioners herein seeking to refix the monthly rent for the petitioners' shop after 01.04.2025.

For Petitioners : Mr.K.Raja For Respondents : Mr.A.Selvendiran Government Advocate for R1 & R2 Mr.P.Srinivas Standing Counsel for R3

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation of the petitioners on 04.10.2019 wherein the petitioners had requested for refixation of the monthly rent for the shops allotted to them.

2.Heard Mr.K.Raja, learned counsel appearing on behalf of the petitioners, Mr.A.Selvendiran, learned Government Advocate appearing on behalf of the respondents 1 and 2 and Mr.P.Srinivas, learned Standing Counsel appearing on behalf of the 3rd respondent.

3.The 3rd respondent has filed the counter affidavit. Paragraph No.11 of the counter affidavit is extracted hereunder: 11.Further it is humbly submitted that the prayer of the petitioner in the writ petition is for considering the representation of the petitioners dated 04.10.2019. This representation was already considered and the order rejecting the same was also passed on 11.02.2021. Hence the present writ petition does not survive.

4.It is clear from the above that the representation made by the petitioners has already been rejected by the 3rd respondent by virtue of an order dated 11.02.2021. In view of the same, nothing survives in this writ petition and if the petitioners are aggrieved by the order passed by the 3rd respondent, it is left open to them to workout their remedy in the manner known to law.

5.This writ petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar(CO-IX) //True Copy// Sub Assistant Registrar ssr

To

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

2. The Commissioner of Municipal Administration, Raja Annamalaipuram, Chennai - 600 028.

3. The Commissioner, Pallavapuram Municipality, Chrompet, Chennai - 600 044.

+1cc to the Government Pleader, S.R.No.37727 W.P No.31960 of 2019 PCH(CO) CT(23/08/2021)