Madras High CourtWP(MD)/10793/2016disposed of

N.Devaraj, S/O.Nallathampi, v. The Commissioner,

2016-06-28Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2016 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.10793 of 2016 and W.M.P(MD)No.8381 of 2016 N.Devaraj ..Petitioner Vs.

1.The Commissioner, Kuzhithurai Municipality, Marthandam, Kanyakumari District.

2.The Revenue Inspector, Kuzhithurai Municipality, Marthandam, Kanyakumari District.

..Respondents Prayer :Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct business in shop No.8, Municipality building, Marthandam New Bus stand, Marthandam by unsealing the shop and further forbearing the respondents in anyway forcefully evict the petitioner from the said premises in future.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.K.Vamanan

ORDER

The petitioner has come to this Court seeking a Writ of Mandamus, to direct the respondents to permit the petitioner to conduct business in shop No.8, Municipality building, Marthandam New Bus stand, Marthandam by unsealing the shop and further forbearing the respondents in anyway forcefully evict the petitioner from the said premises in future.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. Pursuant to the order passed by this Court on 20.06.2016, the petitioner has brought a Demand Draft, dated 24.06.2016 for a sum of Rs.55,368/- and the same has also been handed over to the learned counsel appearing for the respondents. However, he has stated that the total arrear has been worked out to Rs.56,701/-. But the Demand Draft has been taken for a sum of Rs.55,368/-. Therefore, the petitioner has to pay the balance amount of Rs.1,333/-.

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4. The learned counsel for the petitioner has undertaken to pay the same tomorrow ie., 29.06.2016 by way of Pay Order or Demand Draft.

5. On receipt of the same, the respondents shall re-open the shop and remove the seal to continue the business.

6. With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Commissioner, Kuzhithurai Municipality, Marthandam, Kanyakumari District.

2.The Revenue Inspector, Kuzhithurai Municipality, Marthandam, Kanyakumari District.

+1cc to M/s.M.P.Senthil, Advocate in SR.33864 W.P(MD)No.10793 of 2016 and W.M.P(MD)No.8381 of 2016 28.06.2016 ps PBK/AAL-MPA/SAR-II 29/06/2016 ::2P-4C::(IT) https://hcservices.ecourts.gov.in/hcservices/