The Allottees Of Shops Association v. State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.(MD).No.11763 of 2022 The Allottees of Shops Association of the Karur Muthukumaraswamy Bus stand, represented by its President, Raju.

... Appellant/Appellant/Plaintiff Vs.

1.State of Tamil Nadu, Represented by its Secretary, Rural Development and Local Administration Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, "Ezhilagam", Chepauk, Chennai - 600 005.

3.The Karur Municipality, Represented by its Executive Authority, Having Office at Azad Road, Karur Town.

... Respondents/Respondents/Defendants 1/5

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the Decree and Judgment dated 05.01.2022 passed in A.S.No.28 of 2018 on the file of District Judge, Karur, by confirming the decree and judgment dated 06.08.2018 passed in O.S.No.99 of 2010 by the Principal Subordinate Judge, Karur and allow the Second Appeal. For Appellant : Mr.K.Suresh For R-1 and R-2 : Mr.D.Ghandiraj, Special Government Pleader.

For R-3 : Mr.K.Balasubramani, Standing Counsel.

JUDGMENT

The appellant was a tenant under the respondent. The learned counsel for the appellant submitted that the suit was filed for injunction restraining the respondents from evicting them forcibly except by due process of law. Both the Courts below have held against the appellant. The learned counsel submitted that after the filing of the Second Appeal, the property in question was taken over by the respondents for building a bus stand and the buildings have been demolished. Therefore, the present Second Appeal has become infructuous. 2/5

2. The learned Standing Counsel for the third respondent also confirmed that pursuant to the action taken by them, the properties are now in possession of the third respondent and therefore, nothing survives in the Second Appeal.

3. The learned counsel for the appellant however prayed that liberty may be given to the appellant to pursue other remedies available to them in law as against the respondents.

4. This Court is of the view that if the appellant's rights have been infringed, it is open to them to pursue their remedies in accordance with law and any liberty given by this Court will be superfluous.

5. With the above observations, the Second Appeal is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

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To 1.The Secretary, State of Tamil Nadu, Rural Development and Local Administration Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, "Ezhilagam", Chepauk, Chennai - 600 005.

3.The Executive Authority, The Karur Municipality, Azad Road, Karur Town.

4.The District Court, Karur.

5.The Principal Subordinate Court, Karur.

6.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

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