Writ petition seeking quashing of resolution and MoU and directing allotment of shops to petitioner. Court held issue covered by Division Bench decision. Dismissed Writ Petition and connected writ miscellaneous petitions.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2017
CORAM :
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Writ Petition (MD) No.319 of 2017
and
WMP(MD)Nos.213 to 215 of 2017
P. Periyamayan ... Petitioner
Vs.
1.THE STATE OF TAMILNADU represented by The Secretary to Government, Department of Municipal Administration and Water Supply, Secretariat, Chennai-9.
2.THE DISTRICT COLLECTOR,
Madurai District, Collectorate, Madurai.
3.MADURAI CORPORATION Represented by the Commissioner, Madurai Corporation, Madurai.
4.THE DEPUTY COMMISSIONER OF POLICE,
Madurai City Traffic Police, Madurai.
5.MADURAI PAZHACOMMISSION VANIKARKAL SANGAM, represented by its secretary, Registration No.31/82, North Marat Street, Madurai.
6.SIMMAKKAL PAZHAKKADAI MOTHA VIYABARIGAL SANGAM, Represented by its Secretary, North Masi Street, Madurai ... Respondents. PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus call for the impugned Resolution No.378 dated 17.05.2013 passed by the 3rd Respondent and impugned Memorandum of Understanding dated 17.04.2015 entered by the 3rd Respondent with 5th ,6th Respondents and quash the same and https://hcservices.ecourts.gov.in/hcservices/ consequently directing the Respondents to allot shops to the Petitioner and other members of 'Madurai Yanaikkal Anaithu Viyabarigal Nalasangam' bearing register No.109/2003 by adopting
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fair method of allotment on considering our representations dated 08.11.2011, 23.04.2015, 13.12.2016.
For petitioner : Mr.R.Narayanan For R3 : Mr. S.N.Shanmuga Selvam For R5 & R6 : Mr.N.Ilango O R D E R
This writ petition has been filed seeking for issuance of Certiorarified Mandamus calling for the impugned Resolution No.378 dated 17.05.2013 passed by the 3rd Respondent and impugned Memorandum of Understanding dated 17.04.2015 entered by the 3rd Respondent with 5th ,6th Respondents and quash the same and consequently directing the Respondents to allot shops to the Petitioner and other members of 'Madurai Yanaikkal Anaithu Viyabarigal Nalasangam' bearing register No.109/2003 by adopting fair method of allotment on considering their representations dated 08.11.2011, 23.04.2015 and 13.12.2016.
4.The learned counsel appearing for the respondents drew attention of this court to the order passed by the Hon'ble Division Bench of this Court. Since the issue raised in this writ petition is squarely covered by the abovesaid decision of the Hon'ble Division Bench of this Court, this Court cannot adjudicate the issue any further.
Sd/-
Assistant Registrar(AS)
Sub Assistant Registrar
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To
1.THE SECRETARY TO GOVERNMENT, THE STATE OF TAMILNADU
DEPARTMENT OF MUNICIPAL ADMINISTRATION AND WATER SUPPLY, SECRETARIAT, CHENNAI-9.
2.THE DISTRICT COLLECTOR, MADURAI DISTRICT, COLLECTORATE, MADURAI.
4.THE DEPUTY COMMISSIONER OF POLICE, MADURAI CITY TRAFFIC POLICE, MADURAI.
+1CC to M/S.N.Tamil Mani, Advocate, SR.No. 50441 +1CC to M/S.R.Narayanan, Advocate, SR.No. 50165 +1CC to M/S.N.Shanmuga Selvam, Advocate, SR.No. 50166
Writ Petition (MD) No.319 of 2017 and WMP(MD)NOs.213 to 215of 2017 05.04.2017
CM
AM/SKN RSK/SAR-4/06.04.2017/3P/8C
P. Periyamayan
The State of Tamil Nadu
District Collector, Madurai
Madurai Corporation
Madurai Pazha Comission Vanikarkal Sangam
Simakkal Pazhakkadai Motha Viyabarigal Sangam
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court