Madras High CourtWP(MD)/14679/2018disposed of

P.Rajavelu v. The Commissioner

2018-07-09Honourable Mr Justice M.Duraiswamy,Honourable Dr Justice Anita Sumanth2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P(MD)No.14679 of 2018 and W.M.P(MD)No.13238 of 2018 P.Rajavelu ... Petitioner Vs.

1.The Commissioner, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Tiruchirappalli, Tiruchirappalli District.

2.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Tiruchirappalli, Tiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.10429/2017/F1 (Ariya), dated 05.06.2018 issued by the second respondent and quash the same as illegal and consequently, directing the respondents to provide adequate opportunity and personal appearance to the petitioner.

For Petitioner :

Mr.G.Mathavan For Respondents :

Mr.N.S.Karthikeyan, Additional Government Pleader.

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order, dated 05.06.2018 passed by the second respondent and to quash the same and consequently, directing the respondents to provide adequate opportunity of personal hearing to him.

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2.Mr.N.S.Karthikeyan, learned Additional Government Pleader takes notice for the respondents and submitted that the petitioner has got remedy by way of an appeal for challenging the impugned order, dated 05.06.2018.

3.The learned counsel appearing for the petitioner submitted that liberty may be given to the petitioner to challenge the impugned order before the Appellate Authority and till such time, the respondents may be directed to maintain status quo. 4.In view of the submissions made by the learned counsel appearing on either side, it is open to the petitioner to challenge the impugned order, dated 05.06.2018 before the Appellate Authority in accordance with law within a period of one week from the date of receipt of a copy of this order. Till such time, the respondents are directed to maintain status quo.

5.With this observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Tiruchirappalli, Tiruchirappalli District.

2.The Assistant Commissioner, Ariyamangalam Zone, Tiruchirappalli City Municipal Corporation, Bharathidasan Salai, Tiruchirappalli, Tiruchirappalli District.

+1cc to Mr.G.Mathavan, Advocate, SR.No.71837. +1cc to Mr.N.S.Karthikeyan, Advocate, SR.No.71832. W.P(MD)No.14679 of 2018 09.07.2018 ps RAM/RP/SAR 1/10.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/