A.Murugan, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the First day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN WMP(MD) Nos.21430 & 21431 of 2018 IN WP(MD) No.23643 of 2018 A.MURUGAN ... PETITIONER/PETITIONER IN BOTH THE PETITIONS Vs 1 THE COMMISSIONER TIRUNELVELI CORPORATION, TIRUNELVELI.

2 THE ASSISTANT COMMISSIONER THACHANALLUR REGION, TIRUNELVELI CORPORATION, TIRUNELVELI.

... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS Prayer in WMP(MD). 21430/ 2018 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Stay all further proceedings pursuant to the issuance of the impugned order passed by the 2nd respondent in Na.Ka.No.A1/8308/2010, dated 15.10.2018 and the consequential order in Na.Ka.No.A1/8308/2010, dated 12.11.2018, till the disposal of the Writ Petition and thus render justice.

Prayer in WMP(MD). 21431/ 2018 :

To grant an order of Interim Injunction restraining the respondents through themselves and through their men and agents from in any manner dispossessing the petitioner from Shop No.10, Shopping Complex, Opposite corporation officer, Tiriunelveli, Tirunelveli District, pending disposal of the Writ Petition and thus render justice.

Prayer in WP(MD). 23643/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.A1/8308/2010, dated 15.10.2018 and the consequential order in Na.Ka.No.A1/8308/2010, dated 12.11.2018, and quash the same and

consequently restraining the respondents through themselves and through their men and agents from in any manner dispossessing the petitioner from Shop No.10, Shopping Complex, Opposite corporation officer, Tiriunelveli, Tirunelveli District.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.MEENAKSHISUNDARAM, Advocate for the petitioner, in both the petitions and of MR.AYIRAM K.SELVAKUMAR, ADDITIONAL GOVERNMENT PLEADER on behalf of the Respondents in both the petitions, the court made the following order:- At the instance of the learned counsel for the petitioner, the matter is taken up today under the caption "for being mentioned". 2.

Heard the learned counsel for the petitioner. 3.

The learned counsel for the petitioner would submit that this Court directed the petitioner to pay 50% of the amount so demanded. But in the operative portion of the said order, it is stated that the remaining amount shall be paid by the petitioner on or before 28.01.2019. Hence, he prays this Court to delete the same in the operative portion of the order dated 28.11.2018. 4.

On perusal of the order, as stated by the learned counsel, the words, "and the remaining amount shall be paid by the petitioner on or before 28.01.2019 has to be deleted. Hence, the Registry is directed to delete the the words "and the remaining amount shall be paid by the petitioner on or before 28.01.2019" in paragraph No.10 of the order, dated 28.11.2018 made in W.P.(MD)Nos.21430 and 21431 of 2018.

5.

Except the above deletion of words, in all other aspects, the order dated 28.11.2018 made in W.P.(MD) Nos.21430 and 21431 of 2018 remains unaltered.

6. The Registry is directed to issue fresh order copy to the petitioner forthwith.

sd/- 01/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE COMMISSIONER, TIRUNELVELI CORPORATION, TIRUNELVELI.

2 THE ASSISTANT COMMISSIONER, THACHANALLUR REGION, TIRUNELVELI CORPORATION, TIRUNELVELI.

+1. C.C. to MR.G.MOHANKUMAR Advocate SR.No.44312 PS/JC/SAR-1/08.02.2019/3P/4C

ORDER

IN WMP(MD) No.21430 & 21431 of 2018 IN WP(MD) No.23643 of 2018 Date :01/02/2019