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Madras High CourtWP(MD)/2/2022allowed

Murugesan v. The Commissioner

2026-04-06Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 06.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA & W.M.P.(MD)No.2 of 2022 Murugesan ... Petitioner Vs.

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

2.Assistant Executive Engineer (Plan), Zone-2, Madurai Corporation, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the impugned notice issued by the 2nd respondent in E1/07386/2021 dated 30.11.2021 and quash the same and consequently, directing the respondent to allow the petitioner to continue his business at Maharaja Hotel Opposite, Anna Bus Stand, Madurai.

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For Petitioner : Mr.C.Ajaykose (passed away) For Respondents : Mr.C.Vinayak Standing Counsel

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) None appears for the petitioner.

2.The learned counsel for the petitioner has passed away. Since we intend to remand the matter, we are not adjourning on this ground. The impugned order has been straight away passed without putting the petitioner on notice. Hence, the impugned order stands set aside. The matter is remitted to the file of the second respondent to pass an order afresh in accordance with the law.

3.With the aforesaid liberty, the Writ Petition is allowed. If the order impugned in the writ petition has already been enforced, our order will not take effect. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (R.P., J.) 06.04.2026 rmi 2/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

rmi 3/4

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