S. Mani v. The Commissioner
W.P.(MD) No.9189 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.9189 of 2020 and WMP.No.8394 of 2020 S.Mani Petitioner Vs The Commissioner, The Tirunelveli Municipal Corporation, Tirunelveli.
Respondent PRAYER:Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to defer the process of demolition of Shop No.6 of the Palai Bus Stand Buildings and reconstruction of the same under Smart City Scheme during the pandemic COVID 19 disease and until an alternate arrangement is provided by the respondent made. For Petitioner : Mr.S.Mani, Party in person For Respondents : Mr.Aayiram K.Selvakumar
O R D E R
Heard the petitioner appeared in person and the learned Government Counsel appearing for the respondent Corporation. The Commissioner of the Tirunelveli Municipal Corporation also joined the Video Conference.
2.The petitioner is occupying the premises belonging to the respondent Corporation. While the respondent Corporation proposes to demolish the same, the petitioner has come to this Court seeking a direction to defer the process of demolition.
3. When the matter was taken up for hearing, the learned Government Advocate for the respondent submitted that the petitioner has been provided with alternate temporary accommodation. The Commissioner of Tirunelveli Municipal Corporation also informed the Court that an agreement was entered into between the Corporation and the occupants of the premises. The Commissioner further states that the petitioner can be given ten more days to vacate the premises. After the occupants vacate the premises, the process of demolition will be carried out. Also, the process of reconstruction will commence immediately thereafter. He gives a further assurance that within 12 months, the reconstruction will be over.
4. Recording the undertaking given by the respondent Corporation, and giving ten more days to the petitioner to vacate https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.9189 of 2020 the petition mentioned premises, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) vrn 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 The Commissioner, The Tirunelveli Municipal Corporation, Tirunelveli.
W.P.(MD) No.9189 of 2020 13.08.2020 SPU(28.08.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2