Madras High CourtWP(MD)/20228/2021dismissed

Sahila Banu. R v. The Commissioner

2021-11-11Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.20228 of 2021 R.Sahila Banu ... Petitioner vs.

1. The Commissioner Madurai Corporation Madurai

2. The Assistant Commissioner (Revenue) Madurai Corporation, Madurai South(4th zone) Madurai- 20

3. G. Muthupandi

4. I.Shaik Daawud ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the the first and second respondents to consider my representation dated 19.10.2021 and to allot me a any one shop in the ground floor of Madurai Kunnathur Sambian Chatram instead of Shop No.112. For Petitioner :

Mr.K.Sudalaiyandi For Respondents :

Mr.P.Athimoolanpandian No.1 Standing counsel No.2 Mr.S.Shanmugavel Government Advocate

O R D E R

The petitioner has been allotted with a shop No. 112 and the only grievance raised by the petitioner is that his shop is situated in the first floor. The petitioner seeks a matter of right to be allotted in the first floor. R2/ Assistant Commissioner (Revenue) Madurai South (4th zone) Madurai Corporation would however submit that there are no vacancy of shops in the ground floor .

2. The petitioner's submission that an innocent person running a shop in the ground floor should be thrown out and the petitioner should be allotted a shop in the ground floor is quite shocking.

3. This Court is not inclined to indulge in such exercise of excess discretion.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

4. The Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) aav To

1. The Commissioner Madurai Corporation Madurai

2. The Assistant Commissioner (Revenue) Madurai Corporation, Madurai South(4th zone) Madurai- 20 +1 CC to M/s.SPL.GP ( SR-34274[F] dated 12/11/2021 ) +1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-34149[F] dated 11/11/2021 W.P.(MD) No.20228 of 2021 11.11.2021 TP(CO) KB(19.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2