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Madras High CourtWP(MD)/27898/2023disposed of

Anbalagan.P v. Madurai City Municipal Corporation

2023-11-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Anbalagan ... Petitioner Vs.

1.Madurai City Municipal Corporation, Represented by its Commissioner, Arignar Anna Maligai, Thallakulam, Madurai - 2.

2.The Assistant Commissioner (Revenue), Madurai City Municipal Corporation, Arignar Anna Maligai, Thallakulam, Madurai - 2.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to grant sufficient time, for the petitioner to vacate the Shop No. 130, (assessment No. 115/6820010) East Marret street Market, Ward No.49, Zone 4, Madurai Corporation in pursuance of the respondents proceedings in E6/4504/2023 dated 22.09.2023, by considering the petitioner's representation dated 14.09.2023 and 05.10.2023 in tune with the orders of this Court made in W.P.(MD) Nos.24268, 20571, 22693, 22040 of 2018 dated 13.03.2019.

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For Petitioner : Mr.K.K.Senthil For Respondents : Mr.K.K.Kannan, Standing Counsel.

ORDER

Heard both sides.

2.The petitioner is in occupation of the petition mentioned shop. The corporation requires the same for carrying out certain development works. The lease period had already expired. The corporation has also given notice quite some time back. However, taking note of the special facts and circumstances pleaded by the petitioner, I grant time to the petitioner to vacate the petition mentioned shop till 15.12.2023. If the petitioner fails to vacate the shot by the evening of 15.12.2023, it is open to the respondents to take action without further notice. As regards the petitioner's request for allotting an alternative shop, it is a call that must be taken only by the Commissioner, Madurai Corporation. 2/4

3.With this liberty to the petitioner to approach the Commissioner, Madurai Corporation for allotment of alternative shop, this writ petition is disposed of. No costs.

24.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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