Madras High CourtWP(MD)/5092/2022dismissed

Chelladurai @ Pattabiraman v. The Commissioner

2022-03-23Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.5092 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.5092 of 2022 and W.M.P.(MD) No.4154 of 2022 Chelladurai @ Pattabiraman ... Petitioner /vs./ The Commissioner, Vickramasingapuram Municipality, Municipality Office, Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the respondent in Na.Ka.No.1787/2021/A1 dated 17.09.2021 and quash the same as illegal and direct the respondent not to disturb the peaceful possession and enjoyment of the petitioner and his property till the disposal of the SA(MD)No.703 of 2013 on the file of the Honble High Court of Madras, Madurai Bench.

For Petitioner : Mr.S.Poornachandran For Respondent : Mr.H.Arumugam Standing Counsel

ORDER

The petitioner has challenged the impugned show cause notice issued to the petitioner asking the petitioner to furnish the documents.

2.It appears that there is a private dispute between the petitioner and the petitioner's siblings and that the petitioner had managed to get tax entries altered in favour of his wife. Therefore, a suit was filed by the petitioner's siblings in O.S.No.43 of 2010 before the Sub Court, Ambasamudram and that a preliminary decree has been passed by the Subordinate Court on 15.09.2012. 3.It appears that the petitioner had also filed an appeal before the Additional District and Sessions Court, Tirunelveli, which was dismissed by the said Court on 09.07.2013. The petitioner's second appeal in S.A.(MD) No.703 of 2013 is pending before this Court. The petitioner has only been asked to furnish the details to the respondent. The respondent is therefore directed to proceed further in terms of the impugned notice dated 17.09.2021 and the earlier notice, if the petitioner fails to respond to the same, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5092 of 2022 the respondent shall pass appropriate orders. 4.There is no merits in this writ petition. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Mm TO The Commissioner, Vickramasingapuram Municipality, Municipality Office, Vickramasingapuram, Ambasamudram Taluk, Tirunelveli District.

+1 CC to M/s.S.POORNACHANDRAN, Advocate ( SR-13743[F] dated 23/03/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-14719[F] dated 25/03/2022 ) W.P.(MD)No.5092 of 2022 23.03.2022 SRR(CO) KB(04.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2