Madras High CourtWA(MD)/29/2016allowed

M/S. Kamal Enterprises v. The Assistant Commissioner(Ct)

2016-01-21Honourable The Chief Justice,Honourable Mr Justice V. Ramasubramanian1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventeenth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice T.RAJA REV.APLW(MD) No.29 of 2016 and WMP(MD)8714 of 2016 MURUGAN ... PETITIONER/3rd RESPONDENT Vs 1 JEYACHANDRAN ... 1st RESPONDENT/PETITIONER 2 THE SECRETARY TO GOVERNMENT, MUNICIPALITY ADMINISTRATION, SECRETARIAT, CHENNAI -9.

3 THE COMMISSIONER, NAGERCOIL MUNICIPALITY, NAGERCOIL,KANYAKUMARI DISTRICT. ... 2nd & 3rd RESPONDENTS/ RESPONDENTS 1 & 2 Petition filed under Order XLVII Rule 1 and 2 r/w Section 114 of CPC praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to allow this Review Petition and set aside the order dated 11.04.2016 in W.P.No. 6164 of 2016 and dismiss the said petition.

Prayer in WP(MD)No.6164/2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS directing the respondents 1 and 2 to conduct public auction for the shops of the 2nd respondent municipality situating in the western side of Anna Bus Stand, Nagercoil in due process of law within the time limit that may be stipulated by this Court based on the petitioner's representation dated 22.10.2015.

Prayer in WMP(MD)No.8714/ 2016 in REV.APLW(MD) No.29 of 2016 : To stay the operation of the order passed in W.P(MD) No.6164 of 2016 dated 11.04.2016 pending disposal of the Main Writ Petition. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.DILIP KUMAR, Advocate for the petitioner and of MRS.P.KRISHNAVENI, Advocate takes notice for R1, and MR.P.ATHIMOOLAPANDIAN, Advocate takes notice for R3/Nagercoil Municipality the Court made the following order:- Post after four weeks.

Interim Order already granted is extended till then. sd/- 17/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1.THE SECRETARY TO GOVERNMENT MUNICIPALITY ADMINISTRATION, SECRETARIAT,CHENNAI -9. 2.THE COMMISSIONER,NAGERCOIL MUNICIPALITY,NAGERCOIL,KANYAKUMARI DISTRICT. +1. C.C. to M/S.N.DILIP KUMAR Advocate SR.No.45450 ORDER IN REV.APLW(MD) No.29 of 2016 and WMP(MD)8714 of 2016 PA/DB/SAR I/19.08.2016/1P/4C Date :17/08/2016 https://hcservices.ecourts.gov.in/hcservices/