The High Court dismissed the writ petition as the petitioner was barred from pursuing parallel remedies since he filed a civil suit on the same subject, and the civil court had already vacated the interim injunction on merits.
The writ petition was dismissed and the interim order was vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 11.02.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.10553 of 2015
and M.P.Nos.1 and 2 of 2015
J.Sudhakar .. Petitioner
Versus
Municipal Corporation,
Rep. by its Commissioner, Victoria Town Hall, Coimbatore - 641 001.
[R2 is suo-motu impleaded as per Order dated 17.8.15 by NKKJ in W.P.Nos.10553 & 10554 of 2015]
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of certiorarified mandamus, calling for the records pertaining to Tender called for Collection of Fees for the period of 2015 to 2018 as notified through the News Daily dated 10.03.2015 and the subsequent confirmation of Tender to an undisclosed person for a sum of Rs.51,03,000/- and quash the same and subsequently direct the respondent to re-tender the Collection of Fees for the period 2015-18 or accept and confirm the petitioner offer for Rs.53,50,533/-.
For Petitioner : Mr.S.S.Rajesh
For Respondents : Mr.S.Saravanan for Mr.D.KrishnaKumar (for R1) Mr.V.Achuthanandan (for R2) for M/s.Pass Associates
O R D E R
Heard the learned counsel for the petitioner and Mr.S.Saravanan, learned counsel appearing for the 1st respondent and Mr.V.Achuthanandan, learned counsel appearing for the 2nd respondent.
-s/dAssistant Registrar True Copy
Sub-Assistant Registrar
ars To
W.P.No.10553 of 2015
aa18/02/2016
2 issues framed by the court
Whether a petitioner can pursue a writ petition after a civil suit has been filed on the same subject matter and an interim injunction was vacated on merits.
Whether parallel remedies are permissible when a Civil Court has vacated an interim order on merits.
J.Sudhakar
The Coimbatore City Municipal Corporation
Kaliappan @ S.B.Suresh
T.S.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
