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Madras High CourtWP(MD)/2412/2022disposed of

Saravanan v. The Commissioner Of Corporation

2022-02-18Honourable Mr Justice Abdul Quddhose5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]Nos.2412 to 2417 of 2022, 18065 to 18067, 18070, 18071 and 18073 of 2019 and W.M.P.(MD).Nos.2083, 2087, 2088, 2091, 2092, and 2093 of 2022 and 14516 to 14534 of 2019 Saravanan ... Petitioner in WP(MD). 2412 of 2022 A.A.Annamalai ... Petitioner in WP(MD). 2413 of 2022 Puthiman.S ... Petitioner in WP(MD). 2414 of 2022 Puthiman S ... Petitioner in WP(MD). 2415 of 2022 Puthiman S ... Petitioner in WP(MD). 2416 of 2022 Puthiman S ... Petitioner in WP(MD). 2417 of 2022 Ragupathy ... Petitioner in WP(MD). 18065 of 2019 Veerappan ... Petitioner in WP(MD). 18066 of 2019 Vijayakumar ... Petitioner in WP(MD). 18067 of 2019 Kaja Mohideen ... Petitioner in WP(MD). 18070 of 2019 Kasi Meyyapan ... Petitioner in WP(MD). 18071 of 2019 Saravanan ... Petitioner in WP(MD). 18073 of 2019 Vs.

1.The Commissioner of Corporation, Trichy Corporation, Trichy.

2.The Assistant Commissioner of Corporation, Srirangam Division, Trichy Corporation, Trichy District.

... Respondents in WP(MD).2413 to 2417 of 2022 WP(MD)18065 to 18067,18070,18071 and 18073 of 2019 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent in Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.14, Water Tank Building, Marakadai, Trichy.

Prayer in WP(MD). 2413/ 2022 :

Constitution of India, praying this Court To issue a Writ of 1/5

Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.05, Water Tank Building, Marakadai, Trichy and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in WP(MD). 2414/ 2022 :

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.3, Water Tank Building, Marakadai, Trichy and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in WP(MD). 2415/ 2022 :

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.12, Water Tank Building, Marakadai, Trichy and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in WP(MD). 2416/ 2022 :

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.13, Water Tank Building, Marakadai, Trichy and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in WP(MD). 2417/ 2022 :

Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 2nd respondent in 2/5

Na.Ka.No.F.1/Special/2019, dated 03.08.2019 and quash the same and consequently, forbearing the respondents from evicting the petitioner from his shop at Shop No.2, Water Tank Building, Marakadai, Trichy and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in WP(MD). 18065/ 2019 :

Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.1, Water Tank Building, Marakadai, Trichy. Prayer in WP(MD). 18066/ 2019 :

Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.6, Water Tank Building, Marakadai, Trichy. Prayer in WP(MD). 18067/ 2019 :

Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.7, Water Tank Building, Marakadai, Trichy. Prayer in WP(MD). 18070/ 2019 :

Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.8, Water Tank Building, Marakadai, Trichy. Prayer in WP(MD). 18071/ 2019 :

Constitution of India, praying this Court Call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.9, Water Tank Building, Marakadai, Trichy. Prayer in WP(MD). 18073/ 2019 :

Constitution of India, praying this Court Call for the records 3/5

pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.F.1/Special/2019 dt.3.8.2019 and quash the same and consequently forbearing the respondents from evicting the petitioner from his shop No.10, 11 Water Tank Building, Marakadai, Trichy. For Petitioners : Mr.Niranjan S.Kumar For Respondents : Mr.R.Baskaran Standing Counsel (In all Writ Petitions) COMMON ORDER *********** This batch of writ petitions have been filed challenging the order all dated 03.08.2019 passed by the second respondent evicting the petitioners from the respective shops in the water tank building, Marakadai, Trichy.

2. During the pendency of these writ petitions, an interim direction was issued in W.M.P.(MD).Nos.14516 to 14534 of 2019 dated 20.08.2019 under which the respective petitioners were permitted to remain in the respective shops till an alternate accommodation is made to them by the respondents. Today, the learned Standing Counsel appearing for the respondents on instructions would submit that a new building has been constructed and the petitioners will be accommodated in the new building in terms of the order dated 20.08.2019 in the aforementioned writ miscellaneous petitions. The said undertaking given by the respondents is recorded. The learned Standing Counsel appearing for the respondents would further submit on instructions that the respective petitioners will be accommodated in the new building complex on or before 15.03.2022.

3. The learned counsel appearing for the respective petitioners on instructions would submit that the undertaking given by the respondents can be recorded and these writ petitions can be disposed of accordingly.

4. In terms of the undertaking given by the respondents referred to supra, these writ petitions stand disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg 4/5

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Corporation, Trichy Corporation, Trichy.

2.The Assistant Commissioner of Corporation, Srirangam Division, Trichy Corporation, Trichy District.

+5 CC to M/s.R.BASKARAN, Advocate ( SR-7587,7593,7592,7591,7590[F] dated 21/02/2022 ) +1 CC to M/s.NIRANJAN S KUMAR, Advocate ( SR-7662[F] dated 22/02/2022 ) COMMON ORDER MADE IN W.P.[MD]Nos.2412 to 2417 of 2022, 18065 to 18067, 18070, 18071 and 18073 of 2019 18.02.2022 RK(07/03/2022) 5P 9C 5/5