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Madras High CourtWP(MD)/1307/2018dismissed

Nahomi Johnson, v. The Commissioner

2019-03-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1307 of 2018 and W.M.P.(MD)No.1370 of 2018 Nahomi Johnson ... Petitioner Vs The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent from putting up bus shelter or any other construction, obstructing the ingress and egress of the petitioner's shopping complex situated on Sarah Tucker College Road, Tirunelveli Municipal Corporation, consequently direct the respondent to put up the proposed bus shelter at the alternate place which very much available 50 feet away on the southern side from the present place. For Petitioner : Mr.Niranjan S.Kumar For Respondent : Mr.M.Murugan, Government Advocate

ORDER

Heard the learned counsel on either side.

2.The prayer in this writ petition is for restraining the respondent corporation from putting up the bus stop in question. This writ petition was filed in January, 2018. We are now in March, 2019. During the intervening period, the petitioner did not enjoy any interim order in her favour. In the meanwhile, the bus stop in question has also been put up. Therefore, this writ petition has become infructuous.

3.It is also seen that the petitioner is an occupant of a corner plot. Therefore, the petitioner is having access on either side. Putting up of the bus stop will in no way affect the ingress and egress of the petitioner.

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4.This writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registar(Crl.Side) /True copy/ Sub Assistant Registrar(CS ) pnn To The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

+1cc to Mr.Niranjan S.kumar, Advocate in SR No.54481 +1cc to M/S.Aayiram k.Selvakumar, Advocate in SR No.54579 W.P.(MD)No.1307 of 2018 and W.M.P.(MD)No.1370 of 2018 NM/PS/02-05-2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/