Madras High CourtWP(MD)/19694/2019disposed of

P.Ashok Kumar v. The Commissioner

2019-09-13Honourable Mr Justice S. Vaidyanathan,Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.19694 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD)No.19694 of 2019 and W.M.P.(MD) No.16173/2019 P.Ashok Kumar : Petitioner Vs.

1.The Commissioner, Madurai City Municipal Corporation, Madurai District.

2.The Assistant Commissioner (Revenue) Madurai City Municipal Corporation Madurai District.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice kt2/k.r.1/010504/19 dated 26.08.2019 passed by the 2nd respondent and quash the same as illegal and consequently direct the 1st respondent to transfer the shop license Ref. No.kt4/019217/2012 dated 23.05.2012 in the petitioner's name from his father's name based on the representation of the petitioner dated 03.09.2019. For Petitioner : Mr.M.Suresh For Respondents : Mr.T.S.Mohammed Mohideen

ORDER

S.VAIDYANATHAN, J.

AND N.ANAND VENKATESH, J.

Challenging the impugned notice issued by the 2nd respondent dated 26.08.2019 and for a consequential direction to the 1st respondent to transfer the petitioner's license based on the representation dated 03.09.2019, the present writ petition has been filed.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondent Corporation.

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W.P.(MD)No.19694 of 2019

3. The learned standing counsel for the Corporation submitted that this Court has already disposed of a batch of cases in W.P.(MD) No.19649/2019 by order dated 12.09.2019, wherein, all the bunk shop owners have been directed to vacate the shops within a period of eight weeks. The learned counsel submitted that the same order will apply to the facts of the present case also.

4. In view of the above, this Writ Petition is disposed of with a direction to the petitioner to vacate the shop and hand over possession to the respondent Corporation within a period of eight weeks, as per the earlier direction passed by this Court in W.P.(MD) No.19649/2019. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner, Madurai City Municipal Corporation, Madurai District.

2.The Assistant Commissioner (Revenue) Madurai City Municipal Corporation Madurai District.

+1 CC to Mr.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-86506[F] dated 13/09/2019 ) +1 CC to Mr.M.SURESH, Advocate ( SR-86682[F] dated 13/09/2019 ) Order made in W.P.(MD)No.19694 of 2019 Dated: 13.09.2019 rr MK (01.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2