Madras High CourtWP(MD)/277/2023disposed of

Bhagavathsing.A v. The District Collector

2023-02-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)Nos.277, 307, 285, 297, 279, 302, 288, 283, 290, 295, 291, 303, 284, 287, 282, 305, 293, 299, 289, 294, 292, 304 & 301 of 2023 and W.M.P.(MD)Nos.243, 244, 295, 296, 280, 284, 262, 264, 268, 269, 277, 281, 297, 298, 251, 255, 249, 250, 247, 248, 257, 258, 289, 291, 265, 270, 293, 294, 290, 292, 303, 304, 266, 267, 279, 283, 245, 246, 274, 275, 259, 261, 299, 302, 260 & 263 of 2023 In W.P.(MD)No.277 of 2023 A.Bhagavathsing ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Assistant Director, Rural Development and Panchayat Raj Department, Madurai District Collectorate Campus, Madurai.

3.The Commissioner cum Tender Inviting Authority, Usilampatty Panchayat Union, Usilampatty, 4.The Chairman, Usilampatty Panchayat Union, Usilampatty, 1/4

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.909/2022/A2, dated 07.12.2022 issued by the third respondent and quash the same as illegal and consequently, direct the third respondent to evict the illegal occupiers from the shop No.5, hand over the shop and issue fresh lease license refixing the license period from the actual date of hand over in the light of the order passed in W.P. (MD)Nos.18193 to 18197 of 2022, dated 25.08.2022. For Petitioner : Mr.A.Mithun Chakravarthi For Respondents : Mr.A.K.Manikkam Special Government Pleader for R1 & R2 : Mr.M.Prakash Additional Government Pleader for R3 & R4

ORDER

Heard the learned counsel on either side.

2. It is not in dispute that the possession of the petition mentioned shops has been handed over to the petitioners herein on 23.01.2023. It is not in dispute that the persons in illegal possession had been removed.

3. It is undertaken by the respondents that fresh proceedings will be issued indicating commencement of the licensing period from the date when the possession was handed over to the petitioners. 2/4

4. These Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 01.02.2023 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Madurai District, Madurai.

2.The Assistant Director, Rural Development and Panchayat Raj Department, Madurai District Collectorate Campus, Madurai.

3.The Commissioner cum Tender Inviting Authority, Usilampatty Panchayat Union, Usilampatty, 4.The Chairman, Usilampatty Panchayat Union, Usilampatty, 3/4

G.R.SWAMINATHAN, J.

rmi W.P(MD)Nos.277 of 2023 etc batch 01.02.2023 4/4