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Madras High CourtWP(MD)/17690/2019dismissed as infructuous

M. Krishnan v. The Commissioner

2019-08-14Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.17690 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD).No. 17690 of 2019 and W.M.P.(MD) No. 14176 of 2019 M. Krishnan : Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

: Respondent PRAYER : This Writ Petition is filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, forbearing the respondent from made recovery from the petitioner's pension amount and consequently direct the respondent to refund the deducted payment in the month of July, 2019 for a sum of Rs.5,000/-(Rupees Five Thousand Only) to the petitioner, within the time stipulated by this Court.

For Petitioner : Mr.T. Thirumurugan For Respondent : Mr. T.S. Mohammed Mohideen Standing counsel ***

ORDER

This Writ Petition has been filed to forbear the respondent from made recovery from the petitioner's pension amount and also sought for a direction to the respondent to refund the deducted payment in the month of July, 2019 for a sum of Rs.5,000/-(Rupees Five Thousand Only) to the petitioner, within the time stipulated by this Court.

2. On notice, Mr.T.S.Mohammed Mohideen, learned standing counsel appearing for the respondent would submit before this Court that the respondent/corporation has passed a recovery order on 18.06.2019 in Na.Ka.No.Ma.Ni.27/31739/2018(p29) against the petitioner and hence, in the light of the above said order passed by the respondent/corporation the instant writ petition is liable to be dismissed and the prayer has become infructuous. https://hcservices.ecourts.gov.in/hcservices/ 1/5

W.P.(MD) No.17690 of 2019

3. Recording the aforesaid statement of the learned standing counsel appearing for the respondent/corporation, no adjudication is required in this petition and accordingly, the instant petition is dismissed as infructuous with liberty to the petitioner to challenge the aforesaid order in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Commissioner, Madurai Corporation, Madurai.

+1 CC to Mr.T.S MOHAMED MOHIDEEN, Advocate SR-81639. WP(MD).No. 17690 of 2019 14.08.2019 CS(04.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/5