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Madras High CourtWP(MD)/5826/2011allowed

Ramasamy, v. The District Collector

2022-06-10Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)No.2 of 2011 Ramasamy ... Petitioner Vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Special Tahsildar, Civil Supplier Department, Sankarankovil, Tirunelveli District.

3. The Commissioner, Municipality Officer, Sanakarankovil, Tirunelveli District.

4. T.A.Subrmanian ... Respondents (R4 impleaded as party respondent as per the order of this Court dated 11.07.2011, in M.P.(MD)No.3 of 2011) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in relating to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.1/25728/2010 dated 21.03.2011 and quash the same.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.D.SasiKumar 1&2 Additional Government Pleader R4 : Mr.Rajaguru for Mr. I.Sudhakaran 1/3

ORDER

The present writ petition has been filed challenging the order passed by the second respondent under which the family card of the writ petitioner was temporarily suspended in view of the certain objections raised by the fourth respondent in the writ petition relating to the door number mentioned in the said family card. As regards the Door No.18 mentioned in the family card is concerned, a civil dispute is pending between the writ petitioner and the fourth respondent in Second Appeal SA.(MD)No.378 of 2018.

2. Now the writ petitioner had filed an undertaking affidavit on 09.06.2022 to the effect that, in case, the family card is restored, the door number mentioned in the said family card shall not be utilized by him for the civil dispute, but the same will be utilized only for the purpose of receiving essential commodities. The said affidavit is taken on records.

3. In view of the said undertaking affidavit, the learned counsel for the fourth respondent, on instructions, submits that family card may be restored to the writ petitioner in the same door number.

4. The impugned order has been passed temporarily suspending the family card in view of the objections raised by the fourth respondent. Now that the fourth respondent has no objection for restoring the family card in the same door number, the impugned order, dated 21.03.2011, is set aside and the writ petition is allowed.

5. The second respondent is directed to restore the family card in the name of the writ petitioner in the same address in which it was originally issued and continue to supply essential commodities to the writ petitioner. The family card shall be restored within a period of one week from the date of receipt of a copy of this order.

6. With the above said observations, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) jbr 2/3

To

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The Special Tahsildar, Civil Supplier Department, Sankarankovil, Tirunelveli District.

3. The Commissioner, Municipality Officer, Sanakarankovil, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-25387[F] dated 13/06/2022 ) +1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-25480[F] dated 13/06/2022 ) 10.06.2022 NSN(CO) KB(23.06.2022) 3P 6C 3/3