Murugesan.P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.7531 and 7532 of 2021 P.Murugesan

...Petitioner

Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Appellant Authority, O/o. The Commissioner, Madurai Corporation, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the record pertaining to the impugned order in Ma.Ni.9/Ma.Po.5/L5/12117/2015 on the file of the respondent No.1 dated 12.04.2021 and quash the same as illegal. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.S.Vinayak, Standing Counsel 1/4

ORDER

The present writ petition has been filed to quash the impugned order dated 12.04.2021 on the file of the respondent No.1. Simultaneously filing of this writ petition, the petitioner has preferred an Appeal before the 2nd respondent in person on 31.05.2021 and sent the same through register post on 01.06.2021 and the same is still pending.

2. The learned Standing Counsel Mr.S.Vinayak appearing for the respondents submitted that since the appeal is pending before the 2nd respondent, the recovery would not be initiated by the 1st respondent till the disposal of the appeal.

3. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.

4. In view of the said submission made by the learned Standing Counsel, the petitioner is directed to work out his remedy before the Appellate Authority. 2/4

Since the petitioner has already preferred an appeal and the same is pending before the 2nd respondent, there is no meaning in further proceeding in this writ petition.

5. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 18.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Appellant Authority, O/o. The Commissioner, Madurai Corporation, Madurai.

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L.VICTORIA GOWRI, J.

Sml 18.04.2024 4/4