1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.2860 of 2011 Shanmugavel ... Petitioner Vs. 1.The Commissioner, Madurai Corporation, Madurai. 2.The Assistant Commissioner, Madurai Corporation, South Zone, Madurai. 3.A.Jammal Mohamed ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the first respondent herein vide his proceedings No.MAVA4/28542/05, dated 09.11.2010 and quash the same and consequently direct the 2nd respondent to cancel the allotment. For Petitioner : Mr.T.Muruganantham For Respondents 1&2 : Mr.M.Jothi Basu O R D E R Mr.M.Jothi Basu, learned Standing Counsel takes notice on behalf of the respondents 1 and 2. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The prayer in the writ petition is to quash the proceedings of the first respondent, dated 09.11.2010 and consequently to direct the first respondent to cancel the allotment made in favour of the third respondent. 3.The petitioner who is running two shops opposite to the present impugned proceedings property. It is earlier contended that when the property has been encroached by the third respondent and therefore, the petitioner made a representation to the Corporation to remove him from the said encroachment. Since it was not removed, he filed writ petition before this Court for the said relief. Pursuant to the order of this Court, the Corporation did not remove the encroachment, he filed a contempt petition also. Pending that now the Corporation has issued proceedings in favour of the third respondent allotting 6 x 5 feet shop. Challenging the same, the present writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Learned counsel for the Corporation would only contend that the Corporation is only abiding the orders of this Court and the encroachments have been removed. He further submitted that the property in question which has been leased out to the third respondent was originally given as a licencee to the third respondent and they have now modified the location and allotted to him only 6 x 5 feet shop. The petitioner cannot have any grievance for allotment of a small bunk stall which is in the place of the Corporation. Therefore, the impugned order passed by the Corporation is in accordance with law and the present writ petition is frivolous. 5.Heard the submissions of the learned counsel on either side and perused the materials available on record. 6.The petitioner at this juncture has no locus standi to challenge the order as originally in the earlier proceedings he only contended that the Corporation is not taking steps for the alleged illegal occupation in that area and whereas the Corporation has now taken action, pursuant to the order passed by this Court in the writ petition filed by him. Now, the Corporation after removing the encroachment has given licence or lease to the third respondent who was the earlier licensee in respect of that area and since the petitioner is having two shops opposite to the place in question, the present writ petition has been filed challenging the allotment made in favour of the third respondent. 7.In such view of the matter, the Corporation has taken necessary action to remove the encroachment and it is admittedly, leased out the property measuring to an extent of 6 x 5 feet to the third respondent as tenant. Hence, nothing survives in this writ petition for further adjudication. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Commissioner, Madurai Corporation, Madurai. 2.The Assistant Commissioner, Madurai Corporation, South Zone, Madurai. + 1 cc to Mr.M.Jothi Basu, Advocate, SR No.6028 Writ Petition (MD)No.2860 of 2011 11.03.2011 sms RJ/31.3.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/