Madras High CourtWP(MD)/595/2020dismissed

Parasuraman v. The Tirunelveli City Municipal Corpn

2020-01-09Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice T. Ravindran2 pages

W.P.(MD) No.595 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.595 of 2020 and W.M.P.(MD) Nos.436 & 437 of 2020 Parasuraman ... Petitioner -vs1.The Tirunelveli City Municipal Corporation Through its Commissioner S.N.High Road Tirunelveli 2.The Assistant Commissioner Thatchanallur Zone Tirunelveli City Municipal Corporation Tirunelveli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus challenging the Notice issued by the 2nd respondent dated 09.12.2019 in Na.Ka.No.TPI/2894/19 and quash the same and further directing the respondent not to evict the writ petitioner from the property situated in Tirunelveli District, Tirunelveli City Municipal Corporation, Tirunelveli Udayarpatti, Tollgate Shop and Stalls Assessment No.20295, T.S.Ward J, Block 18, T.S.No.1307, based on the petitioner's representation dated 11.12.2019. For Petitioner :

Mr.T.Selvan For Respondents :

Mr.Aayiram K.Selvakumar Additional Government Pleader

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of certiorarified mandamus to quash the impugned notice, dated 09.12.2019, issued by the second respondent and to direct the respondents not to evict him from the property situated in Tirunelveli District, Tirunelveli City Municipal Corporation, Tirunelveli Udayarpatti, Tollgate Shop and Stalls, in T.S.Ward-J, Block No.18, T.S.No.1307, based on his representation, dated 11.12.2019.

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W.P.(MD) No.595 of 2020

2. The petitioner has filed the writ petition challenging the impugned notice, dated 09.12.2019, contending that by virtue of the impugned notice, the respondents are trying to evict him from the shop in dispute.

3. When the writ petition was taken up for hearing, Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, who takes notice for the respondents, submitted that the respondents have already taken possession of the shop in dispute at 11.00 a.m. today (i.e.09.01.2020).

4. Since the respondents have already taken possession of the shop in dispute and acted upon the impugned notice, dated 09.12.2019, nothing survives for adjudication in this writ petition. Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The Commissioner, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli.

2.The Assistant Commissioner, Thatchanallur Zone, Tirunelveli City Municipal Corporation, Tirunelveli.

+1 CC to Mr.AAYIRAM K SELVAKUMAR, Advocate ( SR-1554[F] dated 10/01/2020 ) W.P.(MD) No.595 of 2020 and W.M.P.(MD) Nos.436 & 437 of 2020 09.01.2020 VB(23.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2