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Madras High CourtWMP(MD)/8323/2016dismissed

A.Bagrudeen, v. The Commissioner,

2016-06-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice B.GOKULDAS WMP(MD) No.8323 of 2016 IN WP(MD) No.10745 of 2016 A.BAGRUDEEN ... PETITIONER/PETITIONER Vs 1.THE COMMISSIONER, MUNICIPAL ADMINISTRATION, 807, ANNA NAGAR, CHENNAI.

2.THE MEMBER SECRETARY, LOCAL PLANNING AUTHORITY, NO.10, SECOND FLOOR, WILLIAMS ROAD, CANTONMENT, TRICHY.

3.THE COMMISSIONER, TRICHURAPPALLI CORPORATION, TRICHY.

... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of interim injunction forbearing the respondents from taking any coercive action in respect of the building bearing Old Door No.9, New No.13C, Royals Road, (also known as Williams Road), Cantonment, Trichy-620 001 pending disposal of the Writ Petition(MD)No.10745 of 2016.

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.J.MARIA ROSELINE, Advocate for the petitioner while admitting the Writ Petition the Court made the following order:- (Order of the Court was made by K.K.SASIDHARAN,J) This Miscellaneous Petition is filed by the petitioner to injunct the respondents from taking any kind of coercive action in respect of the building bearing Old Door No.9, New No.13C, Royals Road, Ccontonment, Trichy, pending disposal of the Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner filed a Writ Petition for a direction to the third respondents to forward the regularization application to the second respondent.

3. In the affidavit filed in support of the interlocutory application the petitioner indicated that the first respondent had already passed an order dated 01.12.2015 sealing the premises in question. The first respondent subsequently, passed an order dated 26.02.2016 removing the lock and seal for a period of six months, for the purpose of removing the deviations. The petitioner after obtaining such an interim order, filed the Writ Petition to forward the regularization application stated to have been filed by his predecessor-in-title on 26.12.2002, with an ulterior motive to continue to occupy the premises without removing the deviations.

4. We do find any reason to injunct the second respondent from taking coercive action in respect of the building bearing Old Door No.9, New No.13C, Royals Road, Cantonment, Trichy, pending disposal of the Writ Petition.

5. In the upshot, we dismiss the miscellaneous petition. sd/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE COMMISSIONER, MUNICIPAL ADMINISTRATION, 807, ANNA NAGAR, CHENNAI.

2.THE MEMBER SECRETARY, LOCAL PLANNING AUTHORITY, NO.10, SECOND FLOOR, WILLIAMS ROAD, CANTONMENT, TRICHY.

3.THE COMMISSIONER, TRICHURAPPALLI CORPORATION, TRICHY.

RL/4C/2P/SK/SKN/SARIII/29/6/2016

ORDER

IN WMP(MD) No.8323 of 2016 IN WP(MD) No.10745 of 2016 Date :21/06/2016 https://hcservices.ecourts.gov.in/hcservices/