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Madras High CourtWP(MD)/23319/2021dismissed

Sundaramoorthy G v. The Commissioner

2021-12-31Honourable Mr Justice C.V. Karthikeyan,Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.23319 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.12.2021 CORAM :

THE HON'BLE MR. JUSTICE C.V. KARTHIKEYAN AND The HON'BLE MRS. JUSTICE S.SRIMATHY W.P.(MD)No.23319 of 2021 and W.M.P(MD)No.19773 of 2021 G.Sundaramoorthy ... Petitioner Vs The Commissioner, Chinnamanoor Municipality, Chinnamanoor Post, Uthamapalayam Taluk, Theni District-625 515.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the respondent, dated 13.12.2021 in Na.Ka.No.87/2016/F1 and quash the same and consequentially forbearing the respondent from interfering with the peaceful possession and enjoyment of the property of the petitioner situate in Ward No.19, Ward-A, Block No.14 near to Kallar Girls Hostel, Chinnamanur Municipality, Theni District till the disposal of the petitioner's application, dated 10.12.2015 and subsequent dates for issuance of patta. For Petitioner : Mr.J.Anandkumar For Respondent : Mr.K.Hemakarthikeyen for Mr.M.Ramesh Government Advocate

ORDER

[Order of the Court was made by C.V. KARTHIKEYAN, J.] Nothing survives to be adjudicated in the present writ petition, since it is informed that possession had been taken with respect to the shop premises of the petitioner. 2.A request is placed by Mr.J.Anandkumar, learned counsel for the petitioner that the respondent may consider, if the law permits, an alternative site to be provided to the petitioner. That aspect is something we leave to the wisdom of the respondent and we will give them the privilege to apply their mind to that particular request placed by the learned counsel for the petitioner.

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W.P.(MD)No.23319 of 2021 3.Let both the parties proceed in manner known to law with respect to that particular request.

4.Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sji/ogy Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Commissioner, Chinnamanoor Municipality, Chinnamanoor Post, Uthamapalayam Taluk, Theni District-625 515.

+1 CC to M/s.J.ANANDKUMAR, Advocate (SR-11[F] dated 03/01/2022) W.P.(MD)No.23319 of 2021 31.12.2021 KS(CO) SB(06.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/