Madras High CourtWP(MD)/20474/2022disposed of

Viswanathan.N v. The Executive Engineer And

2023-01-02Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.14822, 9340 of 2022 & 15343 of 2021 W.P(MD)No.20474 of 2022:

N.Viswanathan ... Petitioner Vs ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in Letter No.R4/11516/1997 dated 24.08.2022 and consequently forbearing the respondents herein, their men, agents or any one on their behalf from in any 1/5

manner forcibly dispossessing the petitioner from the open space fish shop situated on west of Block-B, 1-6 of Government Employees Quarters belonging to Thanjavur Housing Board.

For Petitioner : Mr.P.Vadivel For Respondents : Mr.M.Suresh Standing Counsel for R.1 Mr.N.Ramesh Arumugam Government Advocate for R.2 W.P(MD)No.18607 of 2021:

N.Viswanathan ... Petitioner Vs ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the first respondent herein, their men, agents or any one on their behalf from in any manner forcibly dispossessing the petitioner from the open space fish shop situated on west of Block-B 1-6 of Government Employees Quarters belonging to Thanjavur 2/5

Housing Board in View of the order of injunction in IA No.699 of 2013 in OS No.293 of 2013 on the file of District Munsif Court, Thanjavur and consequently consider the request of the petitioner to allot 100 sq.ft., open space fish shop out of 200 sq.ft., situated on west of Block-B 1-6 of Government Employees Quarters belonging to Thanjavur Housing Board, in the name of petitioner as per representation dated 21.08.2021 as a special case for aged physically handicapped.

For Petitioner : Mr.P.Vadivel For Respondents : Mr.M.Suresh Standing Counsel for R.1 Mr.N.Ramesh Arumugam Government Advocate for R.2 COMMON

ORDER

Heard the learned counsel on either side.

2. The learned counsel appearing for the petitioner informs the Court that the petitioner is unable to run the shop in question and that he would surrender the same and hand over the possession to the first respondent on 20.01.2023. The said submission is recorded. If the petitioner fails to adhere the undertaking, it is open to the first respondent to take possession of the petition mentioned shop on 21.01.2023. I make it clear that other issues are left open. 3/5

3. These writ petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 02.01.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA To 4/5

G.R.SWAMINATHAN, J.

MGA and W.M.P.(MD)Nos.14822, 9340 of 2022 & 15343 of 2021 02.01.2023 5/5