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Madras High CourtWP(MD)/25883/2019dismissed

Suseela v. The Commissioner

2019-12-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.25883 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25883 of 2019 and W.M.P(MD)No.22421 of 2019 1.Suseela 2.K.Sarath Kumar ... Petitioners Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, South Zone, Madurai Corporation, Madurai.

3.Jimman Begum ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from interfering with the business conducted by the petitioner under the name and style of "Sri Muruga Vilas Rice Grinder" at Door No.99/53, (Ground Floor), Nethaji Road, Madurai without following any legal procedures or pressurize the petitioner to enter into a compromise at the instigation of the third respondent, on the basis of the petitioner's representation dated 20.11.2019. For Petitioners : Mr.R.G.Shankar Ganesh For R-1 & R-2 : Mr.J.Gunaseelan Muthiah

ORDER

This writ petition has been filed by the petitioners seeking for issuance of a Writ of Mandamus, forbearing the respondents 1 and 2 from interfering with the business conducted by the petitioners under the name and style of "Sri Muruga Vilas Rice Grinder" at Door No.99/53, (Ground Floor), Nethaji Road, Madurai, without following any legal procedures or pressurize the petitioners to enter into a compromise at the instigation of the third respondent, on the basis of the petitioners' representation dated 20.11.2019.

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W.P(MD)No.25883 of 2019

2. The case of the petitioners is that the petitioners are the tenants in the above mentioned property and there seems to be a dispute between the petitioners and the third respondent/landlord. With respect to the same, suit in O.S.No.523 of 2016 on the file of the Principal District Munsif Court, Madurai and R.C.O.P.No.45 of 2018 on the file of the Rent Controller, Madurai, are all pending.

3. The relief sought for by the petitioners is for a Writ of Mandamus, forbearing the respondents 1 and 2 from interfering with the business conducted by the petitioners and also not to pressurize them to enter into a compromise at the instigation of the third respondent.

4. Admittedly, it is a private dispute between the petitioners and the third respondent, which cannot be resolved under Article 226 of the Constitution of India and it is open to the petitioners to pursue their remedy in the proceedings, which are pending before the Courts below.

In view of the above, this writ petition is dismissed as bereft of any merits. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Pm To 1.The Commissioner, Madurai Corporation, Madurai.

2.The Assistant Commissioner, South Zone, Madurai Corporation, Madurai.

+1 CC to Mr.R.G.SHANKR GANESH, Advocate ( SR-104244[F] dated 10/12/2019 ) W.P(MD)No.25883 of 2019 06.12.2019 VB(31.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2