Mr. Salaimathi, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD)Nos.1 of 2012 & 1 of 2013 Salaimathi ... Petitioner Vs.

1. The State of Tamil Nadu represented by its Secretary to Government, Department of Municipal Administration, Secretariat, Chennai - 600 009.

2. The Commissioner, Pudukkottai Municipality, Pudukkottai.

3. The Chairman, Pudukottai Municipal Council, Pudukottai.

4. The Assistant Electricity Engineer, TNEB-Pudukottai East, Thirumayam Road, Pudukottai.

5. Karuppaih

6. Geetha 7.Abdul Rahman

8. Ravichandran

9. Kasinathan 10.Kumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent restore the possession of the property in Shop No.2, Thirumayam Road, Pudukkottai, illegally obtained from the petitioner and to direct the first respondent to pass suitable order for taking appropriate departmental action against the Respondents 2,3,5 to 10 and directing the second respondent to pay a sum of Rs.5 Lakhs as damages to the petitioner's properties. 1/3

For Petitioner : Mr.Karthikeya Venkitachalapathy For R1 : Mr.N,Muthuvijayan Special Government Pleader For R2 : Mr.B.Birijesh Kishore For R4 : Mr.S.Deenadhayalan For R3, R5 to R8 : No appearance

ORDER

The present writ petition has been filed seeking a Mandamus directing the second respondent to restore the possession of the property in Shop No.2, Thirumayam Road, Pudukottai, which was illegally taken over by the authorities. The petitioner has further sought for taking departmental action against some of the respondents.

2. From the affidavit and documents filed along with the writ petition, it is seen that the petitioner is not the original licensee of the second respondent Municipality. Hence, the petitioner has no legal right whatsoever to seek restoration of possession and departmental action as against the Municipality and other authorities.

3. Hence the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) jbr To

1. The Secretary to Government, State of Tamil Nadu Department of Municipal Administration, Secretariat, Chennai - 600 009.

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2. The Commissioner, Pudukkottai Municipality, Pudukkottai.

3. The Chairman, Pudukottai Municipal Council, Pudukottai.

4. The Assistant Electricity Engineer, TNEB-Pudukottai East, Thirumayam Road, Pudukottai.

Order made in 10.06.2022 SS(21/06/2022) 3P 5C 3/3