Madras High CourtWP(MD)/10766/2018disposed of

M.Pandiaraj, v. The Commissioner,

2018-05-17Honourable Mr Justice M. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.05.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.10766 of 2018 and W.M.P(MD)No.9868 of 2018 M.Pandiaraj ... Petitioner vs.

The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned notice of the respondent vide his proceedings in Na.Ka.No.8305/2015/E1, dated 26.04.2018 and quash the same and consequently direct the respondent to give priority to the petitioner in allotting a shop in the newly constructed commercial complex at Sivakasi Bus stand, Virudhunagar District.

For Petitioner : Mr.S.M.Anantha Murugan For Respondent : Mr.N.Dilip Kumar

ORDER

By consent, the main Writ Petition is taken up. 2.Writ Petitioner submits that he is a licensee under the respondent-Municipality in respect of property which is subject matter of this writ petition, which shall hereinafter be referred to as 'demised property'. A notice, dated 26.04.2018 was issued for repossessing the demised property.

3.This Court granted an interim order on 09.05.2018 protecting the writ petitioner by way of an interim order. This interim order is operating until today ie., 17.05.2018.

4.The writ petitioner's counsel, on instructions, submits that he will remove himself and completely comply with the impugned notice, dated 26.04.2018 bearing Na.Ka.No.8305/2015/E1 latest by 23.05.2018. This is recorded.

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5.It is submitted by the learned counsel for the writ petitioner that this request is made only for the writ petitioner to have breathing time to find an alternate accommodation. 6.The undertaking of the writ petitioner that he will comply with the impugned order positively by 23.05.2018 is recorded and the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Vacation Officer /True copy/ Sub Assistant Registrar To The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

+1cc to M/s.N.Dilip Kumar, Advocate, SR.No.65961. W.P(MD)No.10766 of 2018 17.05.2018 ps RAM/SV MMS/SAR 3/29.05.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/