B.Karthick v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD) Nos.7019 and 3708 of 2012 and W.A.(MD).No.794 of 2011 W.P.(MD).No.7019 of 2012 B.Karthick ... Petitioner 1.The Commissioner, Virudhunagar Municipality, Municipal Office Road, Virudhunagar - 626 001.

2.Sermakani, Commissioner Incharge, Virudhunagar Municipality, Municipal Office Road, Virudhunagar - 626 001.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to restore possession of the property in T.S.No.593/4B in Virudhunagar Taluk and District to an extent of

72.25 sq.mtr., on the Southern Side of Pullalarkottai Road, originally known as Puluganurani Road in Ward No.2 in Virudhunagar Town, along with the payment of initial sum of Rs.5,00,000/- or any such amount as may be fixed by this Court towards tentative compensation.

For Petitioner M/s.P.Malini For R-1 Mr.N.Dilip Kumar W.P.(MD).No.3708 of 2012 Karungal Ozhavar Pani Co-operative Society Limited, (No.KV.90), Represented by its Special Officer, Karungal Post, Killiyoor Village, Vilavancode Taluk, Kanyakumari District.

...

Petitioner 1.The Presiding Officer, 2.V.Arul Justin Dhas ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, to call for records relating to the impugned order, dated

15.12.2011, in CP.No.55/2008 on the file of the 1st respondent, quash the order of the first respondent.

For Petitioner Mr.G.Manivannan For R-2 Mr.M.E.Ilango V.Arul Justin Dhas ... Appellant/2nd Respondent 1.The Presiding Officer, ... 1st Respondent/1st Respondent 2.Karungal Ozhavar Pani Co-operative Society Limited, No.KV 90, Represented by its Special Officer, Karungal Post, Killiyoor Village, Vilavancode Taluk, Kanyakumari District.

... 2nd Respondent/Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 30.06.2011 passed by this Court in W.P.(MD).No.10441 of 2008 and dismiss the said Writ Petition.

For Appellant Mr.M.E.Ilango For R-2 Mr.G.Manivannan C O M M O N O R D E R [Order of the Court was made by The Hon'ble CHIEF JUSTICE] Ms.P.Malini states that the petitioner in W.P.(MD).No.7019 of 2012 has expired and therefore, the petition is abated.

2. Counsel for the petitioner in W.P.(MD).No.3708 of 2012 states that W.P.(MD).No.3708 of 2012 and W.A.(MD).No.794 of 2011 are wrongly tagged with W.P.(MD).No.7019 of 2012 and the same may be de-tagged.

3. W.P.(MD).No.7019 of 2012 is dismissed as abated. There shall be no order as to costs.

4. W.A.(MD).No.794 of 2011 and W.P.(MD).No.3708 of 2012 be tagged together and be placed before the appropriate Bench.

[K.R.SHRIRAM., C.J.] [V.LAKSHMINARAYANAN, J.] 12.02.2025 NCC : Yes / No Index : Yes / No Lm To:

The Presiding Officer,

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN, J.

Lm W.P.(MD).Nos.7019 and 3708 of 2012 and W.A.(MD).No.794 of 2011 12.02.2025