V.R.P.Mohanraj v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P(MD)No.31159 of 2024 and W.M.P(MD)No.26128 of 2024 V.R.P.Mohanraj ... Petitioner vs 1.The Commissioner, Madurai Corporation, Anna Maligai, Madurai.

2.The Assistant Commissioner, Madurai Corporation, Anna Maligai, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the impugned notice A3/14746/2024, dated 13.12.2024 passed by the first respondent and quash the same.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Vidhya Sagar Standing Counsel ***** 1/5

ORDER

This Writ Petition has been filed challenging the impugned notice A3/14746/2024, dated 13.12.2024 passed by the first respondent. 2.Mr.S.Vidhya Sagar, learned Standing Counsel takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel for the petitioner submits that earlier the petitioner filed a writ petition in W.P(MD)No.28015 of 2024 and this Court, by order dated 22.11.2024, directed the Corporation of Madurai to furnish the complete details pertaining to the period of rent arrears to the petitioner within a period of three weeks from the date of receipt of a copy of that order. He further submits that no such details was furnished to him. On the other hand, the first respondent passed the impugned notice against the petitioner on 13.12.2024 stating that the petitioner has not paid the entire arrears of rent.

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4.The learned Standing Counsel for the respondents submits that the petitioner happens to be a President of the Vendors Association. This Court, by order dated 27.11.2024 in W.P.(MD)No.28512 of 2024, directed the petitioner association to pay all the rental arrears upto November, 2024 and also further directed the Corporation of Madurai that on receipt of such payment, to remove the lock and seal of the petitioner's association members shops of Shop Nos.269, 364, 340, 379, 278, 339, 304, 282, 328, 364, 342, 404, 478, 418, 417, 444, 481, 482 situated at Madurai, Mattuthavani Integrated Vegetable Central Market. He further submits that though this Court has already given eight weeks time to the writ petitioner in the earlier writ petition filed by him, the petitioner has not paid the arrears. He further submits that except this petitioner, others have already paid the entire arrears of rent.

5.Considering the submissions made by the learned counsel on either side, the respondents are directed to effect appropriate action against the writ petitioner immediately, after a lapse of eight weeks time already given by this Court in W.P.(MD)No.28015 of 2024 dated 22.11.2024, in the manner known to law.

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6.With the above observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.12.2024 Internet :Yes/No Index :Yes/No NCC :Yes/No sji To 1.The Commissioner, Madurai Corporation, Anna Maligai, Madurai.

2.The Assistant Commissioner, Madurai Corporation, Anna Maligai, Madurai.

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N.SENTHILKUMAR, J.

sji Order made in W.P(MD)No.31159 of 2024 20.12.2024 5/5