Madras High CourtWP(MD)/10991/2020disposed of

V.Solaisamy v. The Commissioner

2022-04-28Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD).No.9642 of 2020 V.Solaisamy ... Petitioner Vs.

1.The Commissioner, No.119, Uthamar Gandhi Street, Chennai-600 034.

2.The Joint Commissioner, Madurai.

3.The Joint Commissioner, Sivagangai.

4.The Executive Officer/Fit Person, Arulmigu Venkatachalapathy Thirukoil, Sathur, Virudhunagar District.

5.Baskaran 6.Sivaramakrishnan @ Rajkumar 7.Kalirajan 8.Annamalai 9.S.D.Seenirajan (R5 to R9 have been impleaded vide order dated 28.04.2022).

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from implementing the order passed by the second respondent in O.A.No.03 of 2018 dated 04.03.2020 till the disposal of the A.P.No.21 of 2020 on the file of the first respondent.

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For Petitioner : Mr.S.Madhavan For R1 to R3 : Mr.P.T.Thiraviam Government Advocate For R4 : Mr.P.Mahendran For R5 to R9 : Mr.G.Karthick

ORDER

The writ petition has been filed for a Mandamus to forbear the respondents from implementing the order passed by the 2nd respondent in O.A.No.03 of 2018 dated 04.03.2020 till the disposal of A.P.No.21 of 2020 on the file of the 1st respondent.

2.The facts on record also seem to indicate that apart from the appeal filed by the petitioner in A.P.No.21 of 2020 before the 1st respondent, yet another appeal is pending in A.P.No.12 of 2020. The said appeal has not been disposed of till date. 3.Considering the fact that there was an order of interim stay in the said appeal, I am inclined to dispose of this writ petition by directing the respondents to maintain status quo as on date and directing the 1st respondent to dispose of the appeals in A.P.Nos.12 and 21 of 2020 on merits and in accordance with law, within a period of 3 months from the date of receipt of a copy of this order. 4.The writ petition stands disposed of, in terms of the above observation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Commissioner, No.119, Uthamar Gandhi Street, Chennai-600 034. 2.The Joint Commissioner, Madurai.

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3.The Joint Commissioner, Sivagangai.

+1 CC to M/s.N. GANAGASABAPATHY, Advocate ( SR-22425[F] dated 29/04/2022 ) +1 CC to M/s.P. MAHENDRAN, Advocate ( SR-22458[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23221[F] dated 02/05/2022 ) 28.04.2022 SS(14/06/2022) 3P 7C 3/3