Dismissed

M.Komarasamy v. The Government of Tamil Nadu

Madras HC7 Feb 2023WP/3330/2023

Case brief

AI extract

What is this about?

Petitioners challenged their eviction from an unauthorizedly occupied beef stall, seeking a writ to direct authorities to consider their representations. The Court dismissed the writ, holding the petitioners' remedy lay elsewhere given the unauthorized nature of their occupation. Connected petitions closed.

What did the court decide?

Writ petition dismissed. No costs. Connected miscellaneous petitions closed.

M.Komarasamy Vs The Government of Tamil Nadu — Writ and Judicial Review | Madras HC (2023)

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W.P.No.3330 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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W.P.No.3330 of 2023 and W.M.P.Nos.3395 & 3396 of 2023

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1.M.Komarasamy

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2.L.Arumugam

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3.Selvaraj

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4.R.Pasupathy

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5.O.Rangasamy

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.. Petitioners

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Versus

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1.The Government of Tamilnadu

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Rep. by the Principal Secretary, Municipal Administration and Drinking Water Supply Department,

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Fort St.George, Chennai – 600 009.

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2.The Commissioner, Municipal Administration, Ezhilagam, Chennai – 600 005.

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3.The District Collector, Erode.

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4.The Director, Regional Municipal Administration, 5, J.G.Nagar, First Street, Kumarananda Puram, Tiruppur – 2.

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.3330 of 2023

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5.The Commissioner,

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Puliyam Patti Municipality, P.Puliyam Patti, Sathyamangalam Taluk, Erode District – 638 459.

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.. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the representation of the first petitioner dated 02.12.2022, representation of the second petitioner dated 02.12.2022, representation of the third petitioner dated 17.12.2022, representation of the fourth petitioner dated 02.12.2022 and representation of the fifth petitioner dated 03.12.2022.

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For Petitioners : Mr.S.Senthilnathan

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For Respondents For RR1 to 4 : Mr.K.M.D.Muhilan Additional Government Pleader

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For R5 : Mr.B.Anand

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ORDER

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This writ petition has been filed to direct the respondents to consider

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the representations of the petitioners dated 02.12.2022, 02.12.2022, 17.12.2022, 02.12.2022 and 03.12.2022 respectively.

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The grievance of the petitioner is that they are running a beef stall

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without following any procedure under law and they have been evicted from

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P.No.3330 of 2023

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the place where they were running the beef stall. In this regard, the petitioners have given their representations to the authorities for construction of beef stalls and for grant of compensation. The said representations have not been considered by the authorities. Hence, the writ petition.

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The representations of the petitioners itself indicates that they have

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been evicted from the place which has been unauthorizedly occupied by them. The remedy of the petitioner lies somewhere and not by consideration of representation.

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In such view of the matter, the writ petition stands dismissed. No

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costs. Consequently, connected miscellaneous petitions are closed.

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07.02.2023

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ata Index : Yes / No Speaking Order : Yes / No

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https://www.mhc.tn.gov.in/judis

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W.P.No.3330 of 2023

1.The Principal Secretary, Municipal Administration and Drinking Water Supply Department,

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Fort St.George, Chennai – 600 009.

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2.The Commissioner, Municipal Administration, Ezhilagam, Chennai – 600 005.

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3.The District Collector, Erode.

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4.The Director, Regional Municipal Administration, 5, J.G.Nagar, First Street, Kumarananda Puram, Tiruppur – 2.

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5.The Commissioner, Puliyam Patti Municipality, P.Puliyam Patti, Sathyamangalam Taluk, Erode District – 638 459.

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N.SATHISH KUMAR, J.

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4/5

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https://www.mhc.tn.gov.in/judis

W.P.No.3330 of 2023

ata

W.P.No.3330 of 2023

07.02.2023

https://www.mhc.tn.gov.in/judis

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M.Komarasamy v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

M.Komarasamy v. The Government of Tamil Nadu

Case brief

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