Kumarapandi K v. Madurai Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.23804 & 23805 of 2023 K.Kumarapandi ... Petitioner Vs.

1.Madurai Corporation Through its Commissioner, Anna Maligai, Madurai.

2.The Assistant Commissioner(Revenue) Madurai Corporation, Madurai.

3.K.Chelladurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relates to the impugned order issued by the 2nd respondent in MaVa. 2/0016839/15 dated 01.06.2015 and quash the same as it is arbitrary and illegal due to lack of jurisdiction and in consequence to direct the respondents 1 and 2 to restore the allotment of Shop No.392 in Mattuthavani Central Vegetable Centre in petitioner name forthwith.

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For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.S.Vinayak Standing Counsel for R1 & R2 : Mr.K.Govindarajan for R3

ORDER

Heard both sides.

2. The petitioner challenges the order dated 01.06.2015 passed by the second respondent effecting mutation in favour of the third respondent.

3. I am not inclined to entertain this petition for the reason that challenge has been mounted belatedly. The petitioner is given liberty to file a formal petition before the first respondent. The learned counsel for the petitioner states that such a petition will be filed by the first respondent within a period of three weeks from the date of receipt of a copy of this order. If such a petition is filed, the same will be numbered and final order shall be passed by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. The first respondent will hear the petitioner as well as the 3rd respondent before passing the final order. I make it clear that I have not gone into the merits of the matter.

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4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 27.11.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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