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Madras High CourtWP(MD)/9919/2021disposed of

Anandsingh.C v. The Commissioner

2021-06-09Honourable Mr Justice P.D.Audikesavalu2 pages

W.P.(MD)No.9919 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2021

CORAM

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.9919 of 2021 and W.M.P.(MD) No.7607 of 2021 C. Anandsingh ... Petitioner Vs.

1.The Commissioner, Madurai City Municipal Corporation, Madurai.

2.T.Dilipkumar ... Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the First Respondent to direct his subordinates not to interfere with the civil dispute in O.S.No.423 of 2015 and 425 of 2015 on the file of the Learned Principal District Munsif Court, Madurai Town in order to extend their helping hands to the 2nd Respondents on the basis of Petitioner's representation dated 05.05.2021. For Petitioner : Mr. I. Sam Jegan For Respondents : Mr. R. Murali, for R1 Standing Counsel

ORDER

(through video conference) Heard Mr. I.Sam Jegan, Learned Counsel for the Petitioner; Mr. R.Murali, Learned Counsel on behalf of the Government of Tamil Nadu, takes notice for the First Respondent and perused the materials produced by the parties.

2. The grievance sought to be ventilated by the Petitioner in the Writ Petition is that on the representation of the Second Respondent, the First Respondent is taking steps to demolish the building occupied by the Petitioner and that the same should be prevented till the dispute between the Petitioner and the Second Respondent is decided in O.S. Nos. 423 and 425 of 2015 pending before the Principal District Munsif Court, Madurai. 3.

Learned Standing Counsel appearing for the First Respondent, on instructions, states that no such request has been received from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9919 of 2021 Second Respondent for demolition of the building occupied by the Petitioner and he has filed a memo dated 09.06.2021 through e-mail to that effect, which is placed on record.

4.

Having regard to the aforesaid submissions made, nothing remains for further consideration in this Writ Petition. Though obvious, it is clarified that if any action is taken affecting the rights of the Petitioner in respect of the said property, he is not precluded from working out his remedies before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

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 The Commissioner, Madurai City Municipal Corporation, Madurai.

+1 CC to M/s.R.MURALI, Advocate ( SR-19137[F] dated 10/06/2021 ) W.P.(MD)No.9919 of 2021 09.06.2021 AS(28.06.2021) P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2