Madras High CourtWP(MD)/439/2022dismissed

Gomathi v. The Commissioner

2022-01-11Honourable Dr Justice G. Jayachandran,Honourable Mr Justice S. Vaidyanathan2 pages

W.P.(MD) No.439 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD) No.439 of 2022 and W.M.P.(MD) No.339 of 2022 Gomathi ... Petitioner -vsThe Commissioner Madurai City Municipal Corporation Madurai ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the impugned notice issued by the respondent dated 29.11.2021 and quash the same and consequently directing the respondent to allow the petitioner to continue his business near Meenakshi Sunderasa Mandapam i.e. 70 feet road, Ellisnagar, Madurai. For Petitioner : Mr.Vishnu.J.

For Respondent : Mr.S.Vinayak, Standing Counsel

O R D E R

[Order of the Court was made by DR.G.JAYACHANDRAN, J.] The order of the respondent, which is challenged in this writ petition, is to remove the encroachment pursuant to the orders passed by this Court.

2. The petitioner, who has been running a Tea Stall on roadside, is sought to remove the encroachment through the impugned order dated 28.12.2021. The said order clearly shows that it has been passed pursuant to the violation of the licence granted as well as non-renewal of the licence. This Court finds no error or illegality in the said order and hence, the writ petition is liable to be dismissed.

3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) krk https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.439 of 2022 Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO:

The Commissioner Madurai City Municipal Corporation Madurai +1 CC to M/s.S.VINAYAK, Advocate ( SR-1165[F] dated 11/01/2022 ) W.P.(MD) No.439 of 2022 and W.M.P.(MD) No.339 of 2022 11.01.2022 NSN(CO) GC(28.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2