Madras High CourtWP(MD)/10022/2015disposed of

P.Muthukumar v. The Divisional Engineer

2015-06-18Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.10022 of 2015 and M.P(MD)No.1 of 2015 P.Muthukumar ... Petitioner Vs 1.The Divisional Engineer, Highways Department, Virudhunagar.

2.The Assistant Divisional Engineer, Highways Department, Aruppukkottai, Virudhunagar District.

3.The Executive Officer, Town Panchayat, Kariyapatti, Virudhunagar District.

4.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District.

5.The General Manager, Virudhunagar District Co-operative Milk Producers Union Limited, V.R.D 1000, Srivilliputtur, Virudhunagar District.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the fourth respondent from vacating AAVIN milk vending outlet located in T.S.No.26/2 that falling on the Western side of Madurai - Thoothukudi Main Road, Kariapatti Town, Virudhunagar District.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Murugan Government Advocate https://hcservices.ecourts.gov.in/hcservices/

ORDER

Seeking a Writ of Mandamus forbearing the fourth respondent from vacating AAVIN milk vending outlet situated in T.S.No.26/2 that falling on the Western side of Madurai - Thoothukudi Main Road, Kariapatti Town, Virudhunagar District, the present Writ Petition has been filed.

2. The learned Government Advocate, who was asked to get instructions, submitted that a suit was filed in O.S.No.152 of 2015 on the file of the Judicial Magistrate Court, Aruppukkottai with respect to Survey No.27/64B and in the said suit, interim injunction was obtained in I.A.No.349 of 2015. For that purpose, the petitioner alone has been called for enquiry and the petitioner's possession of AAVIN milk vending outlet is not disturbed and the said submission is recorded.

3. In view of the said submission made by the learned Government Advocate, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Divisional Engineer, Highways Department,Virudhunagar.

2.The Assistant Divisional Engineer, Highways Department,Aruppukkottai, Virudhunagar District. 3.The Executive Officer, Town Panchayat, Kariyapatti, Virudhunagar District. 4.The Inspector of Police, Kariyapatti Police Station, Kariyapatti, Virudhunagar District.

5.The General Manager, Virudhunagar District Co-operative Milk Producers Union Limited, V.R.D 1000, Srivilliputtur, Virudhunagar District. +1cc Mr.S.Balamurugan, Advocate Sr.No.32285 +1cc to spl.Government pleader Sr.No.32386 ps AA/26.06.2015/2p-8c/ W.P(MD)No.10022 of 2015 18.06.2015 https://hcservices.ecourts.gov.in/hcservices/