← Library
Madras High CourtWP(MD)/1822/2022dismissed as infructuous

Murugeswari v. The Commissioner

2022-02-01Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

W.P(MD)No.1822 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.1822 of 2022 and WMP(MD)No.1605 of 2022 Murugeswari ... Petitioner vs.

1) The Commissioner, Madurai Corporation, Thallakulam, Madurai.

2) The Assistant Executive Engineer, Town and Country Planning, Madurai Corporation, Madurai.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, call for the records pertaining to the impugned order passed by the 1st respondent in Ref. No.A1/015592/21 dated 25.11.2021 & A3/19186/2021 dated 13.01.2022 and quash the same.

For Petitioner : Mr.S.Rajamanickam For Respondents : Ms.S.Devasena

ORDER

(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is filed challenging the show cause notice dated 25.11.2021 and the order of eviction issued by the Madurai Corporation dated 13.01.2022.

2.

Though the petitioner has produced the licence in her name, the Corporation has removed the shop on the ground that there has been arrears of rent and also it is encroaching the road thereby causing hindrance to the free flow of traffic. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1822 of 2022 3.

The learned counsel appearing for the respondent Corporation says that pursuant to the notice, the shop has been removed.

4.

The learned counsel for the petitioner also admitted that the shop has been removed.

5.

As already possession has been taken pursuant to the impugned orders dated 25.11.2021 and 13.01.2022, nothing survives for adjudication in the writ petition.

6.

Accordingly, the writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To

1) The Commissioner, Madurai Corporation, Thallakulam, Madurai.

2) The Assistant Executive Engineer, Town and Country Planning, Madurai Corporation, Madurai.

ORDER MADE IN W.P(MD)No.1822 of 2022 DATED : 01.02.2022 tp(CO) TR(11.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2