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Madras High CourtWP(MD)/9024/2021dismissed

Karthick v. The Union Of India

2021-04-30Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021

CORAM

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) No.6793 of 2021 Karthick ... Petitioner Vs.

1.The Union of India, represented by, The Principal Secretary, Ministry of Housing and Urban Affairs, Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

2.State of Tamilnadu, represented by, The Principal Secretary, Department of Housing and Urban Development, Fort St. George, State Secretariat, Chennai - 600 009.

3.Madurai Corporation represented by, The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.

4.The District Collector, Madurai District, District Collectorate, Madurai.

5.The City Engineer, Madurai Corporation, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records connected with the impugned notice issued by the Respondent No.5 to the petitioner in MSCL/Est.Pack-6/18-19 dated 07.04.2021 and quash the same as illegal, consequently, direct the respondents to arrange alternative accommodation for the petitioner and his family members and allow the petitioner to reside in his dwelling house located in No.566, Melakara Theru, Vaigai Vadakarai, Puliyanthoppu, Madurai till providing alternative accommodation. 1/3

For Petitioner : Mr.R.Alagumani For Respondent Nos.2 & 4 : Mr.K.P.Krishnadass Special Government Pleader

ORDER

(Order of the Court was made by T. S. SIVAGNANAM, J.) The petitioner has approached this Court for the second time for the identical relief. Earlier, he filed W.P.(MD) No.1899 of 2021, challenging the notice of eviction. This Court did not entertain the Writ Petition and dismissed the Writ Petition, having found no reason to interfere with the eviction notice, but granted four weeks time and made an observation that it is open to the petitioner to approach the respondents and seek alternative accommodation.

2.Again the impugned eviction notice was issued and the petitioner has again approached this Court. Repeatedly attempts have been made to stall the eviction process, by filing Writ Petitions, which cannot be entertained by this Court. Accordingly, the Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is also dismissed. No costs.

3.Learned counsel for the petitioner submitted that due to pandemic situation, some time may be granted. In the earlier Writ Petition four weeks time has been given. Hence, the petitioner is at liberty to approach the Madurai Muncipal Corporation for redressal of his grievances.

Sd/- Assistant Registrar (Records) // 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.The Principal Secretary, Ministry of Housing and Urban Affairs, The Union of India,Nirman Bhawan, Maulana Azad Road, New Delhi - 110 011.

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2.The Principal Secretary, Department of Housing and Urban Development, Fort St. George, State Secretariat, Chennai - 600 009.

3.The Commissioner, Office of the Commissioner, Madurai Corporation, Madurai.

4.The District Collector, Madurai District, District Collectorate, Madurai.

5.The City Engineer, Madurai Corporation, Madurai.

+1 CC to M/s.GP ( SR-18422[F] dated 03/05/2021 ) 30.04.2021 PM(CO) KB(13.05.2021) 3P 7C 3/3