C. Rajaram, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.M.P.(MD)Nos.1, 1, 1, 2, 2, 2, 3, 3 and 3 of 2012 1.C.Rajaram : Petitioner in W.P.(MD)No.340 of 2012 2.K.Kumarapandi : Petitioner in W.P.(MD)No.459 of 2012 3.Palanisamy : Petitioner in W.P.(MD)No.460 of 2012 -vs1.The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

: 1st Respondent in all petitions 2.V.K.S.Raja : 2nd Respondent in W.P.(MD)No.340 of 2012 3.A.Dhanapal : 2nd Respondent in W.P.(MD)No.459 of 2012 4.S.Suresh : 2nd Respondent in W.P.(MD)No.460 of 2012 COMMON PRAYER: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent made in

Ma.Va.3/28823/2011, Ma.Va.2/35356/2011 Ma.VA.

2/35356/2011 respectively dated Nil.10.2011 and quash the same. In all petitions:

For Petitioner :

Mr.A.Srinivasan For Respondents :

Mr.S.Vinayak Standing Counsel COMMON ORDER [Order of the Court was made by S.S.SUNDAR, J.] All these writ petitions are filed for issuance of Writ of Certiorari to quash the orders passed by the first respondent, dated Nil.10.2011 in the open space in Mattuthavani Central Vegetable Market.

2. It is the case of the petitioner that they are the permanent lessees of specific building inside the Mattuthavani Central Vegetable Market and that they were allotted the said shops by way of public auction. It is the grievance of the petitioner that the respondents are now permitted strangers by allotting a specific vacant plot measuring 8 x 8 feet as open shops for the purpose of selling vegetables. Stating that the license granted to the strangers by allotting commercial places without following any procedures is injurious to the petitioners

who are carrying on business by paying substantial amount as premium, the above writ petition is filed.

3. The learned counsel appearing for the Commissioner, Madurai Corporation has stated that the allotment shop was only as a stop gap arrangement to accommodate the persons who are displaced from elsewhere and that they are not permitted now in open space.

4. Recording the said submission, this Court is of the view that the prayer has become infructuous and therefore, these Writ Petitions are disposed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

[S.S.S.R., J.] [D.B.C., J.] 07.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sji To The Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai.

S.S.SUNDAR , J.

D.BHARATHA CHAKRAVARTHY , J.

sji W.P.(MD) Nos.340, 459 and 460 of 2012 W.M.P.(MD)Nos.1, 1, 1, 2, 2, 2, 3, 3 and 3 of 2012 07.08.2023