G.Elangovan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9093 of 2019 G.Elangovan ... Petitioner Vs.

1. The Commissioner, Kodaikanal Municipality, Dindigul District.

2. The Managing Director, The Tamil Nadu Tea Plantation Corporation Limited, (A Government of Tamilnadu Undertaking), TANTEA Complex, Coonoor 643 101, Nilgiris District.

3. The Revenue Inspector, Kodaikanal Municipality, Kodaikanal, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to permit the petitioner to install the TANTEA Bunk sales outlet near Municipality Kalaiyarangam, Kodaikanal as per the allotment order issued by the first respondent in Na.Ka.No.1325/2018/A3 dated 04.10.2018 within the time frame fixed by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R-3 : Mr.K.Mu.Muthu, Additional Government Pleader.

For R-1 : Mr.T.S.Md.Mohideen For R-2 : Mr.A.Thiyagarajan * * *

O R D E R

Heard the learned counsel on either side.

2. When the matter was taken up for hearing, the learned Standing counsel appearing for the Municipality submitted that the Writ petitioner instead of locating the petition mentioned Bunk shop https://hcservices.ecourts.gov.in/hcservices/

at the lower site was seeking to locate it 20 feets away. The petitioner's counsel therefore submitted that the petitioner would not do so and that he would locate the Bank shop at the site identified and earmarked by the first respondent.

3. The learned Standing counsel submitted that in such an event, the petitioner would be permitted to install the petition mentioned Bunk shop.

4. Recording the said undertaking given by the learned Standing counsel, the Writ petition stands allowed. No costs. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(CS ) To

1. The Commissioner, Kodaikanal Municipality, Dindigul District.

2. The Managing Director, The Tamil Nadu Tea Plantation Corporation Limited, (A Government of Tamilnadu Undertaking), TANTEA Complex, Coonoor 643 101, Nilgiris District.

3. The Revenue Inspector, Kodaikanal Municipality, Kodaikanal, Dindigul District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-64815[F] dated 02/05/2019 ) +1 CC to SPL GP ( SR-65226[F] dated 03/05/2019 ) W.P.(MD)No.9093 of 2019 30.04.2019 CS: 28/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/