K.M.Hameed, S/O.Khalid, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) Nos.17863 to 17868 of 2017 W.M.P.(MD) Nos.14381 to 14386 of 2017 K.M.Hameed ... Petitioner in W.P.(MD) No.17863 of 2017 S.Ravishankar ... Petitioner in W.P.(MD) No.17864 of 2017 A.Thirunavukarasu ... Petitioner in W.P.(MD) No.17865 of 2017 B.Latha ... Petitioner in W.P.(MD) No.17866 of 2017 S.Ramesh ... Petitioner in W.P.(MD) No.17867 of 2017 B.Raj Kumar ... Petitioner in W.P.(MD) No.17868 of 2017 -vs1.The Commissioner, Tiruchirapalli Corporation, Trichy.

2.The Assistant Commissioner, Srirangam Division, Tiruchirapalli Corporation, Trichy.

3.S.Ghanshyam 4.S.Naveenchand ... Respondents in all the petitions COMMON PRAYER : Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records relating to the proceedings dated 13.09.2017 of the 2nd Respondent herein issued under Sec. 296(1) and (2) of the Tamil Nadu Municipal Corporation Act, 1994 in respect of the Petitioners' premises situate at Door Nos.551, 555, 546, 552, 554 and 547, 548 & 549 respectively, Theradi Kadai Street, Tiruchirapalli and quash the same.

For Petitioner in all :

Mr.AR.L.Sundaresan the petitions for M/s.AL.Ganthimathi For Respondents 1 & 2 :

Mr.N.S.Karthikeyan in all the petitions COMMON ORDER (Order of the Court by M.M.SUNDRESH, J.,) These writ petitions have been filed seeking to set aside the proceedings of the 2nd Respondent dated 13.09.2017, issued under https://hcservices.ecourts.gov.in/hcservices/

Sec. 296(1) and (2) of the Tamil Nadu Municipal Corporation Act, 1994 in respect of the Petitioners' premises situate at Door Nos.551, 555, 546, 552, 554 and 547, 548 & 549 respectively, Theradi Kadai Street, Tiruchirapalli.

2.After making his submissions, the learned Senior Counsel appearing for the petitioners would submit that the petitioners like to give some more reply to the impugned provisional orders issued. He further submitted that in the event of any adverse order likely to be passed, the same shall not be given effect to within two weeks, so as to enable the petitioners to work out their remedy in the manner known to law, since they are doing business in the shops.

3.Considering the same, without going into the merits of the case, this Court permits the petitioners to give further reply, if so advised, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondents 1 and 2 shall consider the same and pass orders on merits and in accordance with law. In the event of any adverse orders being passed against the petitioners, pursuant to the impugned provisional orders, the same shall not be given effect to within two weeks from the date of that order, so as to enable them to work out their remedy in the manner known to law. 4.These writ petitions are disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The Commissioner, Tiruchirapalli Corporation, Trichy.

2.The Assistant Commissioner, Srirangam Division, Tiruchirapalli Corporation, Trichy.

+6cc to M/s.AL.Ganthimathi, Advocate Sr.No.31055 SJ VB/KP/SAR2/22/09/2017/2P/9C W.P.(MD) Nos.17863 to 17868 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 20.09.2017