Madras High CourtWP(MD)/3506/2013dismissed

M.Babu, v. State Through

2017-02-22Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.02.2017 Coram THE HON'BLE MR.JUSTICE M.S.RAMESH Writ Petition (MD)No.3506 of 2013 and M.P.(MD)No.1 of 2013 M.Babu ... Petitioner Vs 1.State through The Superintendent of Police, Trichy.

2.State through The Inspector of Police, Thuraiyur Police Station, Trichy District.

3.Chellammal ... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to direct the 2nd and 3rd respondents not to evict the petitioner from the Shop No.236D, based on the petitioner's representation dated 04.03.2013 and without due process of law. For petitioner : Mr.G.Mariappan For R1 & R2 : Mr.T.R.Janarthanan Additional Government Pleader For R3 : No Appearance

O R D E R

The writ petition has been filed for a Writ of Mandamus directing the first respondent to direct the second and third respondents not to evict the petitioner from the Shop No.236D, based on the petitioner's representation dated 04.03.2013.

2. The learned counsel for the petitioner submits that he has no instruction from the petitioner. Nevertheless, on a perusal of the prayer sought for in the writ petition, it is seen that the petitioner, who claims to be the tenant under the third respondent seeks for a direction to the first respondent forbearing the second and third respondents from evicting the petitioner from the Shop No.236D at Thuraiyur Town. The same prayer has also been made before the civil Court in O.S.No.4 of 2007 and the proceedings for deposit of rent is also pending before the Rent Controller, Thuraiyur in R.C.O.P.No.2 of 2007. The petitioner has already invoked the civil and rent control proceedings before the appropriate forums and it would not be appropriate for him to seek for an injunction in the form of mandamus in this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3. I do not find any useful purpose in keeping the writ petition pending. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(C) /TRUE COPY/ Sub Assistant Registrar To 1.The Superintendent of Police, Trichy.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

+1 cc to M/R.G.MARIAPPAN, Advocate, SR.NO:10113 +1 cc to M/S.SPECIAL GOVERNMENT PLEADER, SR.NO:10078 AKV SVA/BS/16.03.2017/2P/5C Writ Petition (MD)No.3506 of 2013 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/