Madras High CourtWP(MD)/19145/2017disposed of

A.Jayaraj v. The Commissioner

2017-11-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.19145 of 2017 and W.M.P.(MD) Nos.15537 & 15538 of 2017 A.Jeyaraj ... Petitioner -vsThe Commissioner, Usilampatti Panchayat Union, Usilampatti, Madurai District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondent from evicting the petitioner as encroacher without following due process of law and further direct the respondent to collect the rent from the petitioner for the leased Shop No.42, Usilampatti Union, Daily Market, Usilampatti, Madurai District without any adversity.

For Petitioner : Mr.K.R.Laxman For Respondent : Mr.M.Rajarajan Standing Counsel *****

O R D E R

This petition has been filed, seeking to forbear the respondent from evicting the petitioner as encroacher without following due process of law and further direct the respondent to collect the rent from the petitioner for the leased Shop No.42, Usilampatti Union, Daily Market, Usilampatti, Madurai District without any adversity.

2. It is represented by the petitioner that the respondent had already passed an order dated 30.09.2015, validating his possession and enjoyment of the Shop No.42, despite which, the authorities concerned are refusing to accept the rent from him.

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3. At this juncture, the learned counsel for the

respondent would, on instructions, submit that the respondent is now agreeable to collect the rent from the petitioner along with accumulated arrears, without prejudice to their rights to evict the petitioner, if so required, by following due process of law.

4. Recording the said submission, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To The Commissioner, Usilampatti Panchayat Union, Usilampatti, Madurai District.

+ 1 cc TO Mr.K.R.Laxman , Advocate in SR No. 90320 ar AE/MR KKR/SAR1/19.12.2017/2P/3C W.P(MD) No.19145 of 2017 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/