J.Ganessin vs The Commissioner
2023 Latest Caselaw 7551 Mad

                                                                                W.A.No. 54 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 04.07.2023

                                                         CORAM

                              THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                AND
                                 THE HONOURABLE MR.JUSTICE P. B. BALAJI

                                                     W.A.No. 54 of 2017

                     J.Ganessin                                                     ..Appellant

                                                               Vs

                     The Commissioner,
                     Puducherry Municipality,
                     Puducherry -605 001                                           ..Respondent

                     Prayer: Writ Appeal is filed under Clause 15 of Letter Patent to set aside

                     the order made in W.P.No.17456 of 2014, dated 03.07.2014

                                    For Appellant      : Mr.J. Ganessin, Party-in-Person
                                    For Respondent    : Mr.A.Tamilvanan, AGP (Pondicherry)


                                                       JUDGMENT

(Judgment of the Court was made by D.KRISHNAKUMAR, J.)

Challenging the press notice dated 11.06.2014 issued by the

respondent-Municipality through paper publication, the appellant herein had

https://www.mhc.tn.gov.in/judis W.A.No. 54 of 2017

earlier filed a writ petition in W.P.No. 17456 of 2014 before Court. The said

writ petition was dismissed by this Court as not maintainable by order dated

03.07.2014, however liberty was granted to the appellant/writ petitioner to

agitate before the appropriate forum.

2. Aggrieved by the said order of the writ Court, the present intra

court appeal is filed by the appellant. On earlier occasion, the present writ

appeal came to be dismissed by the Hon'ble Division Bench of this Court by

order dated 15.11.2017, due to non representation by the appellant on

various dates. Subsequently, the writ appeal was ordered to be restored and

taken on file.

3. Heard both sides and perused the materials available on record.

4. The contention of the appellant/party-in-person is that the property

notified by the respondent-municipality in the said notification belongs to

his family. The writ court without taking note of the said submission of the

appellant/writ petitioner, had dismissed the writ petition. Hence the order of

the writ court is liable to be set aside.

https://www.mhc.tn.gov.in/judis W.A.No. 54 of 2017

5. The learned Government Pleader appearing for the respondent-

Municipality has contended that the notification issued by the municipality

on 11.06.2014 has already been acted upon, with the entire work as

specified in the notification being duly completed within a period of six

months. Therefore it is argued that the relief sought for by the

appellant/party-in-person has now become infrucutuos.

6. Upon perusal of the 'e' tender press notice dated 11.06.2014, it is

evident that the tender was issued for the purpose of undertaking

improvement work on the internal drain system within specific areas, which

includes the property claimed by the appellant viz., Muthamizh Nagar and

Raja Nagar of Puducherry. Further the period for completion of the work is

also mentioned as six months.

7. Having carefully considered the arguments put forth by both

parties, We are of the opinion that since the Municipality has completed the

improvement work on the internal drains in the properties, in accordance

https://www.mhc.tn.gov.in/judis W.A.No. 54 of 2017

with the stipulations outlined in the tender notice, there remains no further

adjudication is required in the present writ appeal.

8. In the result, the writ appeal is dismissed as having become

infrcutuous. No costs. However, taking note of the claim made by the

appellant/party-in-person that the municipality has carried out improvement

work on his property, as observed by the writ Court, the appellant is

permitted to pursue a legal remedy before the appropriate forum.

                                                                     (D.K.K., J.)         (P.B.B., J.)

                                                                               04.07.2023

                     Index: Yes / No
                     Internet: Yes
                     ak

                     To
                     The Commissioner,
                     Puducherry Municipality,
                     Puducherry -605 001







https://www.mhc.tn.gov.in/judis
                                         W.A.No. 54 of 2017

                                  D.KRISHNAKUMAR, J.
                                                  AND
                                        P. B. BALAJI, J.

                                                        ak




                                       W.A.No. 54 of 2017




                                               04.07.2023







https://www.mhc.tn.gov.in/judis