1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.9347 of 2011 and M.P.(MD)No.1 of 2011 M.Muthukumar .. Petitioner Vs. 1. The Commissioner, Corporation of Madurai, Arinjar Anna Malikai, Madurai-2. 2. The Department of Tourism and Culture, Government of Tamilnadu. .. Respondents [R2 Impleaded as party respondent as per the order dated:19.08.2011] PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents, subordinates and agents from interfering with the business of the petitioner in shop No.20, Old Corporation Building, 259, Nethaji Road, Madurai-1. For Petitioner : Mr.C.Godwin For Respondents : Mr.M.Ravishankar for R.1 : Mr.R.Karthikeyan Additional Government Pleader for R.2 O R D E R This writ petition has been filed by the petitioner praying to issue a Writ of Mandamus to forebear the respondents, subordinates and agents from interfering with the business of the petitioner in shop No.20, Old Corporation Building, 259, Nethaji Road, Madurai-1. 2. Heard Mr.C.Godwin, learned Counsel for the petitioner, Mr.M.Ravishankar, learned Counsel who takes notice for the first respondent and Mr.R.Karthikeyan, learned Additional Government Pleader, who takes notice for the second respondent. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The writ petition has been filed to forbear the respondents more particularly the second respondent with the business of the petitioner in shop No.20, Old Corporation Building, 259, Nethaji Road, Madurai-1. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Mr.R.Karthikeyan, learned Additional Government Pleader, appearing for the second respondent, who was impleaded as party respondent No.2, on instructions states that the petitioner met the first respondent/Commissioner and an alternate site has been given to the petitioner, so as to enable the second respondent to develop the heritage site. 6. The learned Counsel for the petitioner states that the alternate site is acceptable to the petitioner, subject to provide water supply and drainage connection and the petitioner is also willing to vacate premises immediately, if the water supply and drainage connection are provided without further delay. 7. The learned Counsel for the first respondent states that the first respondent is willing to provide water supply and drainage connection in the site allotted to the petitioner. 8. Recording the same, the writ petition is closed. Consequently, the connected Miscellaneous Petition is closed. No costs. Sd/- 13/09/2011 This matter having been listed on Thursday the 29th day of September, 2011 “for being mentioned” pursuant to the order of this Court dated 13.09.2011 and made herein and in the presence of aforesaid counsel on either side, the Court made the following order: The writ petition is being listed at the instance of the learned counsel for the petitioner under the caption 'for being mentioned' in order to correct certain factual errors which have crept in the order. 2.In paragraph 6 of the order, it is recorded that the petitioner has accepted the alternative site provided by the respondents. But now there is some difficulty in doing business n the alternative site provided by the respondents and the petitioner has given a representation for re- locating his business centre. 3.In view of the above, the petitioner is entitled to make representation with regard to the allotment of the alternative site and the same shall be considered by the authority forthwith. 4.Accordingly, the order stands amended as above. Sd/- Assistant Registrar[T & P] /True copy/ Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Commissioner, Corporation of Madurai, Arinjar Anna Malikai, Madurai-2. 2. The Department of Tourism and Culture, Government of Tamilnadu. +1 cc to Mr.C.Godwin, Advocate Sr.No.31209. Sms/ssl W.P(MD)No.9347 of 2011 and M.P.(MD)No.1 of 2011 Dated:29.09.2011 TR :04.10.2011: 3p/4c https://hcservices.ecourts.gov.in/hcservices/