M..Nagarajan v. A.Radhakrishnan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Nineteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR AND The Hon`ble Mr.Justice R.VIJAYAKUMAR SUB A(MD). No.81 of 2024 and SUB A(MD). No.82 of 2024 in CONT P(MD).No.1671 of 2018 M.Nagarajan ...

Petitioner/Proposed 6th Respondent (Petitioner in Both Sub Applications) Vs

1. A.Radhakrishnan S/o. Arumugam, 36, Sriram Nagar, Chennai - 600 113.

2. T.G.Vinay I.A.S., District Collector, Dindigul District, Dindigul.

3. K.Rajendran Taluk Executing Magistrate Cum Tahsildar , Palani,

4. R.Sakthivel Superintendent of Police, Dindigul,

5. R.K.Ramesh Divisional Engineer Construction and Maintenance, Highways Department, Palani

6. K.Yogaraj Assistant Director, Survey Department ... Respondents (Respondents in Both Sub Applications) Prayer in SUB A(MD). No.81 of 2024 :- This petition filed under section 15 of Cr.P.C to permit the petitioner/ proposed 6th respondent be impleaded as 6th respondent in Cont.P.(MD).No.1671 of 2018.

Prayer in SUB A(MD). No.82 of 2024 :- This petition filed under section 15 of Cr.P.C to clarify the order passed by this Court in Cont.P.(MD).No.1671 of 2018 dated 04.03.2024, as to its applicability to the case of the petitioner in the light of the order passed by this Court in W.P(MD).No.2687 of 2024 dated 07.02.2024. ORDER:- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.Radhakrishnan, Party in person for the first respondent, Mr. B.Saravanan, Senior Counsel for Mr. D.Kirubakaran, Advocate for the Petitioner and of Mr. Veera Kathiravan, Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader for Respondent Nos.2,3,5 and 6 and Mr. S.S.Madhavan, Government Advocate for the Respondent No. 4, this Court made the following order:

[Order of the Court was made by D.KRISHNAKUMAR, J.] These applications have been filed by the petitioner to implead him as a party respondent in the above said contempt petition and to clarify the order dated 04.03.2024 passed by this Court in the above said contempt petition as to its applicability to him in the light of the order dated 07.02.2024 passed by this Court in W.P.(MD) No.2687 of 2024.

2. The main grievance of the petitioner is that contrary to the order passed by this Court on 07.02.2024 in W.P.(MD) No.2687 of 2024 directing the authority concerned to keep the notice impugned in the said writ petition in abeyance, since he is having interim order in his favour in the appeal in A.S.No.21 of 2023 filed by him, the licence granted to him has been cancelled and therefore, his rights have been infringed. Hence, he seeks for alternative accommodation for running his petty shop.

3. Learned Standing Counsel appearing for Palani Municipality submits that the above request of the petitioner will be considered and necessary decision will be taken within a period of six weeks from the date of receipt of a copy of this order.

4. Recording the above submission of the learned Standing Counsel appearing for Palani Municipality, these sub applications are closed. Sd/- Assistant Registrar(CS II) // True Copy // /03/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The District Collector, Dindigul District, Dindigul.

2. The Taluk Executing Magistrate Cum Tahsildar, Palani,

3. The Superintendent of Police, Dindigul,

4. The Divisional Engineer Construction and Maintenance, Highways Department, Palani

5. The Assistant Director, Survey Department

6. The Commissioner, Palani Municipality, Palani,

7. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 19/03/2024 ==========================

ORDER

========================== SUB A(MD). No.81 of 2024 and SUB A(MD). No.82 of 2024 in CONT P(MD).No.1671 of 2018 Giving direction and etc.

as stated within.

MGJ(19.03.2024) 5P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023