Madras High CourtWP(MD)/20453/2016disposed of

R.Saravanan v. The Assistant Director Of

2017-07-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20453 of 2016 and W.M.P.(MD) No.14661 of 2016 R.Saravanan ... Petitioner -vs1. The Assistant Director of Town Panchayat, Tirunelveli Zone, Tirunelveli.

2. The Thiruchenthur Special Grade Town Panchayat, Rep. by its Executive Officer, Thiruchenthur, Tuticorin District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order of the 2nd Respondent in Na.Ka.No.30/2015/A1, dated 19.10.2016 and quash the same and consequently direct the 2nd respondent to extend the lease period of the petitioner's Shop at Door No.1A Bagathsingh Bus Stand Complex Thiruchendur.

For Petitioner ... Mr.R.Gowri Shankar For Respondents ... Mr.J.Gunaseelan Muthiah Govt. Advocate *****

O R D E R

This writ petition has been filed, seeking to quash the impugned order dated 19.10.2016 passed by the 2nd respondent in Na.Ka.No.30/2015/A1, by which, the lease granted to the petitioner was cancelled with a direction to remove his petty shop and hand over the land within three days. The petitioner also sought a direction to the 2nd respondent to extend the lease period of the petitioner's shop at Door No.1A , Bagathsingh Bus Stand Complex, Thiruchendur.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. When the matter was taken up for hearing on 24.10.2016, this Court had directed the petitioner to remove the encroached projection, put up beyond 10 x 15 feet, so as to permit him in the licensed area. In compliance of the said interim order, the petitioner has now filed a memo dated 02.11.2016, stating that he https://hcservices.ecourts.gov.in/hcservices/

has already removed the same on 27.10.2016 itself and the said submission is fairly affirmed by the learned Government Advocate for the respondents.

4. At this juncture, both the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents request this Court to dispose of this writ petition by duly recording the memo dated 02.11.2016.

5. Taking note of the above submissions, this writ petition is disposed of. The memo filed on behalf of the petitioner dated 02.11.2016 shall form part of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Protocol) /True copy/ Sub Assistant Registrar To:

1. The Assistant Director of Town Panchayat, Tirunelveli Zone, Tirunelveli.

2. The Executive Officer, Thiruchenthur Special Grade Town Panchayat, Thiruchenthur, Tuticorin District.

+1cc to Mr.R.Gowrishankar,Advocate,SR.68916 +1cc to M/S.Special Government Pleader,SR.69737 W.P(MD)No.20453 of 2016 31.07.2017 AR KK/SKN RSK/SAR1/09.08.2017/ 2P- 5C/ https://hcservices.ecourts.gov.in/hcservices/