Madras High CourtWP(MD)/22064/2019disposed of

Poorna Chandran v. The Commissioner

2019-12-03Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P(MD)No.18834 of 2019 Poorna Chandran ... Petitioner Vs.

1.The Commissioner, HR & CE Department, 119, Uthamar Ganthi Salai, Thousand Light West, Nungambakkam, Chennai - 34.

2.The Assistant Commissioner, HR & CE, Dindigul, Dindigul District.

3.The Executive Officer, Arulmighu Vandi Kaliamman Thirukoil, Dindigul, Dindigul District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent pertaining to its order bearing Na.Ka.No.5737/2018/A3 dated 01.10.2019 and the consequential order passed by the third respondent bearing No. nil dated 04.10.2019 and to quash the same and consequently direct the respondents not to evict the petitioner from the premises occupied by the petitioner bearing Door No.2/1 Thadikombu Road, Dindigul by considering the request of the petitioner dated 06.10.2019. For Petitioner : Mr.S.C.Herold Singh For R-1 & R-2 : Mr.V.R.Shanmuganathan, Special Government Pleader For R-3 : Mr.M.Muthukeethayan

ORDER

Heard S.C.Herold Singh, learned counsel for the petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader for the 1/3

respondents 1 and 2 and Mr.M.Muthukeethayan, learned counsel for the third respondent.

2. This Writ Petition has been filed by the petitioner challenging the order in Na.Ka.No.5737/2018/A3 dated 01.10.2019 passed by the second respondent and the consequential order passed by the third respondent bearing No.nil dated 04.10.2019 and to direct the respondents not to evict the petitioner from the premises bearing Door No.2/1 Thadikombu Road, Dindigul, by considering his representation, dated 06.10.2019.

3. Earlier this Court had passed an order on 18.10.2019, directing the petitioner to deposit 50% of Rs.8,67,962/- on or before 30.10.2019 as a condition precedent for the stay of the vacation order.

4. As the same has not been complied with within the time stipulated by this Court, the respondents state that they had taken possession of the premises in question on 31.10.2019.

5. In view of the said submission, nothing survives in this writ petition. However, the learned counsel for the petitioner states that there are certain articles of the petitioner inside the premises. The respondents are directed to hand over the articles to the petitioner.

With the above direction, this writ petition is disposed of. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // Sub Assistant Registrar(CS) pm To:

1.The Commissioner, HR & CE Department, 119, Uthamar Ganthi Salai, Thousand Light West, Nungambakkam, Chennai - 34.

2/3

2.The Assistant Commissioner, HR & CE, Dindigul, Dindigul District.

+1 CC to MR.S.C.HEROLD SINGH, Advocate ( SR-103231[F] dated 04/12/2019 ) +1 CC to MR.M.MUTHUGEETHAYAN, Advocate ( SR-103139[F] dated 03/12/2019 ) +1 CC to MR.SPL GP ( SR-103286[F] dated 04/12/2019 ) 03.12.2019 KM/(18.12.2019) 3P 6C 3/3