Madras High Court
M.Mohamed Ismail vs The Appellate Authority Cum on 12 August, 2021
Author: M.Duraiswamy
Bench: M.Duraiswamy
W.P(MD)No.14098 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P(MD)No.14098 of 2021
and
W.M.P(MD)No.11061 of 2021
M.Mohamed Ismail ... Petitioner
Vs.
1.The Appellate Authority cum
Standing Committee of the Nagercoil
Corporation Council,
Corporation Building,
Charles Miller Street,
Vetturnimadam,
Nagercoil.
2.The Commissioner,
Nagercoil Corporation,
Charles Miller Street,
Vetturnimadam,
Nagercoil. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, directing the first respondent to
pass orders on the petitioner's appeal, dated 30.07.2021, made
under Section 452 of the Coimbatore City Municipal Corporation Act,
1981 read with Section 8 of Nagercoil City Municipal Corporation Act
2019 and consequently forbear the respondents from taking any
coercive action qua the petitioner's building in Town Survey No.
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W.P(MD)No.14098 of 2021
454/2A and 453/3B, Parakkai Village, Kanyakumari District, pending
such final determination of the appeal in the light of the decision of
the Hon'ble Supreme Court of India in Commissioner Corporation of
Madurai Vs. Dr.I.Ismail, 2017(5) CTC 558.
For Petitioner : Mr.Ajmalkhan
Senior Counsel
for M/s Ajmal Associates
For Respondents : Mr.P.Athimoolapandian
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of Mandamus, directing the first respondent to pass orders on the petitioner's appeal, dated 30.07.2021, made under Section 452 of the Coimbatore City Municipal Corporation Act, 1981 read with Section 8 of Nagercoil City Municipal Corporation Act 2019 and consequently forbearing the respondents from taking any coercive action against the petitioner's building in Town Survey No.454/2A and 453/3B, Parakkai Village, Kanyakumari District, pending such final determination of the appeal.
2. Mr.Ajmalkhan, learned Senior Counsel appearing for the petitioner submitted that though the petitioner has filed an appeal dated 30.07.2021, the first respondent has not passed any order so https://www.mhc.tn.gov.in/judis/ 2/5 W.P(MD)No.14098 of 2021 far. Further, the learned Senior Counsel submitted that even during the pendency of the appeal before the first respondent, the second respondent is taking steps to take coercive action against the petitioner. In these circumstances, the learned Senior Counsel submitted that the first respondent may be directed to dispose of the appeal within a time frame and till such time, the second respondent may be directed to maintain status quo.
3. Mr.P.Athimoolapandian, learned Standing Counsel for the respondents submitted that the first respondent may be directed to dispose of the petitioner's appeal within a period of four weeks and till such time, the respondents shall maintain status quo.
4. Having regard to the submissions made by the learned Senior Counsel for the petitioner and Mr.P.Athimoolapandian, learned Standing Counsel for the respondents, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, we direct the first respondent to consider the petitioner's appeal dated 30.07.2021 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Further, we direct the second https://www.mhc.tn.gov.in/judis/ 3/5 W.P(MD)No.14098 of 2021 respondent to maintain status quo till the disposal of the appeal by the first respondent.
5. With the above observations, the Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
[M.D.,J] [K.M.S.,J.]
12.08.2021
Index :Yes/No
Internet :Yes/No
SSL
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
1.The Appellate Authority cum Standing Committee of the Nagercoil Corporation Council, Corporation Building, Charles Miller Street, Vetturnimadam, Nagercoil.
2.The Commissioner, Nagercoil Corporation, Charles Miller Street, Vetturnimadam, Nagercoil.
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and K.MURALI SHANKAR,J.
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