1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A(MD)No.696 of 2011 and M.P(MD)No.2 of 2011 S.Chidambaram Pillai ... Appellant/Petitioner Vs. The Commissioner, Nagercoil Municipality, Nagercoil – 629 001. ... Respondents Prayer: Appeal filed under Clause 15 of Letters Patent, against the order dated 26.11.2010 passed by MR.JUSTICE S.NAGAMUTHU, in W.P.(MD)No.8565 of 2005 on the file of this Court. For Appellant : Mr.S.Subbiah For Respondent : Mr.R.Karthikeyan Government Advocate JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI, J.) The Writ Appeal is directed against the order of the learned Judge passed in W.P.(MD) No.8565 of 2005 dated 26.11.2010, by which the learned Judge while dismissing the Writ Petition has observed that the Municipality after obtaining the legal opinion offered by the standing counsel has come to a correct conclusion that the petitioner is not entitled to the shop at Anna Bus Stand in Nagercoil. 2. Even though it is the submission of the learned counsel for the appellant that mere obtaining legal opinion is not a ground to take a decision, in fact, the petitioner has approached the civil Court and filed a suit not to dispossess him except under due process of law and that the suit admittedly came to be dismissed and the decision of the civil Court has become final, we are of the view that there is nothing warranting interference of the order of the learned Judge. 3. Accordingly, the Writ Appeal stands dismissed. In the event of the respondent Municipality giving the shop on public lease, it is certainly open to the petitioner to apply for the same. No costs. Consequently, the connected M.P. (MD) No.2 of 2011 is dismissed. sj Sd/- Deputy Registrar[Writs] /True copy/ TO Sub Assistant Registrar The Commissioner, Nagercoil Municipality, Nagercoil – 629 001. W.A(MD)No.696 of 2011 1P/2C and M.P(MD)No.2 of 2011 RPB 29.08.2011 DATED:12.08.2011 https://hcservices.ecourts.gov.in/hcservices/