1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD) No.10775 of 2011 and M.P.(MD) No.1 of 2011 Prakash Kumar ... Petitioner Vs. The Commissioner, Kuzhithurai Municipality, Kanyakumari District. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondent from raising any construction either abetting the pathway or the view of Chairman P.P.Munusamy Memorial Complex, Kuzhithurai. For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.M.Govindan, G.A. O R D E R Mr.Govindan, learned Special Government Pleader takes notice for the respondent. By consent, the Writ petition itself is taken up for final hearing. 2. The petitioner is a participant in an offer made for the purpose of lease of shops in the shopping complex, constructed by the respondent/Municipality. The petitioner has been allotted 9 shops and he has also paid an advance amount of Rs.1 lakh as well as the rent due for a period of 12 months for each shops. However, he approached this Court to the effect that until the construction is completed, the lease period should not be commenced and he has got an order accordingly. Now, the construction is going on. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The present grievance of the petitioner is that the respondent / Municipality is putting up a wall, thereby, preventing a possible place for parking slot of the vehicles. Therefore, the present Writ petition is filed to forbear the respondent / Municipality from raising the wall abetting the pathway of the Chairman P.P. Munusamy Memorial Complex, Kulithurai. The prayer as such cannot be granted. 4. Admittedly, the petitioner has not been handed over possession as per the order of this Court. As per the offer and acceptance made based on the advertisement issued by the Municipality, the petitioner is entitled for the parking slot. Certainly, he is entitled to have the same at the time when the possession is given. In the mean time, if any construction or wall is put up by the Municipality, it is not the concern of the petitioner. Therefore, leaving it open to the petitioner to claim, as per the contract, the parking slot as and when the construction is completed, the Writ petition stands dismissed. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To The Commissioner, Kuzhithurai Municipality, Kanyakumari District. W.P.(MD) No.10775 of 2011 22.09.2011 nbj NSV/10.10.11/2P/2C https://hcservices.ecourts.gov.in/hcservices/