Veerapandi v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and W.M.P.(MD).Nos.3463 of 2023 and 2159 of 2024 Veerapandi ... Petitioner Vs.

1.The Executive Officer, Sayalkudi Town Panchayat, Sayalkudi Post, Ramanathapuram District.

2.The Manager (Marketing), Sivagangai District Co.Operative Milk Produces Union Limited, Kanaikudi Post, Sivagangai District.

3.V.Selvaraj ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the 1st respondent from shifting the Aavin shop at Sayalkudi Bus Stand, Ramanathapuram District.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.M.Lingadurai Special Government Pleader For R-3 : Mr.T.Thirumurugan 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner filed this Writ Petition for forbearing the local body from shifting his Aavin shop. This Court had granted interim injunction on 23.02.2023. To vacate the same, the person, who applied for removal of encroachments, has filed the vacate stay petition.

3. When the matter was taken up for hearing, the learned Special Government Pleader, on instructions from the local body, has clarified that the writ petitioner's Aavin Milk Parlour is functioning without committing any encroachment. Since the local body has clarified its position, the apprehension of the writ petitioner no longer survives.

4. This Writ Petition is disposed of by recording the stand of the local body. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To 1.The Executive Officer, Sayalkudi Town Panchayat, Sayalkudi Post, Ramanathapuram District.

2.The Manager (Marketing), Sivagangai District Co.Operative Milk Produces Union Limited, Kanaikudi Post, Sivagangai District.

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G.R.SWAMINATHAN, J.

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