Ragupathy v. Sivasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 17.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Sub A(MD) Nos.103 to 106 of 2021 in W.P.(MD) Nos.18065, 18066, 18070 and 18073 of 2019 (Through Video Conferencing) Ragupathy ... Petitioner in Cont.P.No.485 Veerappan ... Petitioner in Cont.P.No.486 Kaja Mohideen ... Petitioner in Cont.P.No.487 Saravanan ... Petitioner in Cont.P.No.488 Vs.

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

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

... Respondents in all Contempt Petitions PRAYER : Contempt Petitions are filed under Section 11 of Contempt of Courts Act 1971 to punish the respondents herein for his wilful deliberate and disobedience of the common order passed by this Court in W.P.(MD) Nos.18065, 18066, 18070 and 18073 of 2019 dated 20.08.2019.

Prayer in WP(MD). 18065/ 2019 :

Writ Petition filed under Article 226 of the 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 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.

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Prayer in WP(MD). 18066/ 2019 :

Writ Petition is filed under Article 226 of the 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 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). 18070/ 2019 :

Writ Petition is filed under Article 226 of the 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 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). 18073/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call to issue a Writ of Certiorarified Mandamus to 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.10, 11 Water Tank Building, Marakadai, Trichy. For Petitioner :Mr.Niranjan S.Kumar For Respondents :Mr.Saji Bino COMMON ORDER The learned standing counsel appearing on behalf of the respondent Corporation submitted that steps are being taken by the Corporation to complete the construction and the petitioners will be accommodated in the newly constructed building.

2. In the considered view of this Court, this Court had merely recorded the submission of the learned standing counsel appearing on behalf of the Corporation and as such there is no contempt committed by the respondents.

3. In view of the above, all the contempt petitions are closed. Consequently connected miscellaneous petitions are closed.

4. Post W.P.(MD) Nos. 18065, 18066, 18070 and 18073 of 2019 on 21.06.2021 under the caption 'for orders'. In the meantime, the respondent Corporation shall file their counter and take a specific 2/3

stand, so that it can be recorded by this Court and the writ petitions can be disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.Sivasubramanian The Commissioner of Corporation Trichy District,Trichy.

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

+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-16632[F] dated 20/04/2021 ) 17.04.2021 SJ(CO) KB(24.05.2021) 3P 4C 3/3