Dismissed

B.Prabhakaran v. The Commissioner

Madras HC18 Nov 2024WP/9224/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a proprietor of a provision store regarding the sealing of his shop. The petitioner voluntarily withdrew the petition, with the witness acting for the respondents noting potential implications for future proceedings. The court recorded the withdrawal and dismissed the writ miscellaneous petition.

What did the court decide?

The W.P. and W.M.P. are disposed of as withdrawn.

B.Prabhakaran Vs The Commissioner — Writ and Judicial Review | Madras HC (2024)

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W.P.Nos.9224 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.11.2024

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CORAM

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THE HONOURABLE MR.JUSTICE M.SUNDAR and

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.9224 of 2023 and

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W.M.P. No.9340 of 2023 in W.P.No.9224 of 2023

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B.Prabhakaran ... Petitioner

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1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai – 3.

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2.The Zonal Officer, Greater Chennai Corporation, Zone – VIII, No.36B, Phulla Avenue Road, Shenoy Nagar, Chennai – 30.

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3.The Assistant Executive Engineer, Greater Chennai Corporation, Zone – VIII, No.36B, Phulla Avenue Road, Shenoy Nagar, Chennai – 30.

4.Dr.V.Muthulakshmi

... Respondents

Page Nos.1/6

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

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W.P.Nos.9224 of 2023

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Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the third respondent's order made in Notice No.ZONE VIII/TPENF/426/2022 dated 08.02.2023 and that of the sealing of New Selvam Stores on 21.03.2023, to quash the same and to consequently direct the respondents 1 to 4 to permit the petitioner to continue to run the Provision Store in the name and style of New Selvam Stores situate in the ground floor at Door No.F-192, New No.23/3, F Block, 1^st Street, Anna Nagar East, Chennai – 102.

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For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.D.B.R.Prabhu, Standing Counsel for R1 to R3 Mr.P.V.Balasubramanian, Senior Counsel for Mr.S.Ranjith Kumar for R4

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ORDER

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[Order of the Court was made by M.SUNDAR, J .,]

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Mr.L.Chandrakumar, learned counsel on record for writ

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petitioner very fairly submitted that he has instructions from the writ petitioner to withdraw the captioned 'Writ Petition' (hereinafter 'WP' for the sake of brevity).

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Page Nos.2/6

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

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W.P.Nos.9224 of 2023

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Be that as it may, learned counsel for writ petitioner made a request to open provision store for a maximum of half a day in the forenoon so as to facilitate the writ petitioner to remove his effects such as refrigerator etc., Learned counsel also fairly submitted that the perishable goods have already been removed.

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Mr.D.B.R.Prabhu, learned standing counsel for Chennai Corporation with equal fairness submitted that they will de-seal the provision store in the forenoon day after tomorrow (20.11.2024) between 10.00 a.m. and 01.00 p.m. so as to facilitate the writ petitioner to remove his personal effects but learned counsel made it clear that thereafter Chennai Corporation would again seal the provision store for further proceedings. In the light of the trajectory the matter has taken today, R4 (private respondent) really does not have a say.

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Learned counsel on record for writ petitioner has made an endorsement in the case file and a scanned reproduction of the same is as follows:

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Page Nos.3/6

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

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W.P.Nos.9224 of 2023

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Captioned WP is disposed of as withdrawn albeit with the aforementioned observation/recording stated position of learned standing counsel for Chennai Corporation. Consequently, captioned Writ Miscellaneous Petition (WMP) thereat is disposed of as withdrawn. There shall be no order as to costs.

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(M.S.,J.) (K.R.S.,J.) 18.11.2024 Index : Yes / No Neutral Citation : Yes / No (½) mmi

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Page Nos.4/6

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

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W.P.Nos.9224 of 2023

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1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai – 3.

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2.The Zonal Officer, Greater Chennai Corporation, Zone – VIII, No.36B, Phulla Avenue Road, Shenoy Nagar, Chennai – 30.

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3.The Assistant Executive Engineer, Greater Chennai Corporation, Zone – VIII, No.36B, Phulla Avenue Road, Shenoy Nagar, Chennai – 30.

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M.SUNDAR, J.,

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Page Nos.5/6

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

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W.P.Nos.9224 of 2023

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and K.RAJASEKAR, J.,

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mmi

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W.P.No.9224 of 2023

18.11.2024

(½)

Page Nos.6/6

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

B.Prabhakaran v. The Commissioner

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B.Prabhakaran v. The Commissioner

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